Bhatia (Migration)

The Administrative Appeals Tribunal considered a case involving an applicant for a Temporary Skill Shortage (Class GK) visa, subclass 482 (Temporary Skill Shortage), short-term stream. The dispute centred on the refusal of the applicant's visa application, which was linked to a nomination application made by Abhay Dhir T/A Dhir & Associates. The Tribunal was tasked with determining whether the applicant met the requirements for the visa, particularly in light of information that the nomination application had been refused on review.

The primary legal issue before the Tribunal was whether the applicant could satisfy clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause requires that the nomination identified in the visa application be approved and that the sponsor be an approved work sponsor who has not ceased to be an approved sponsor. The Tribunal had previously affirmed the refusal of the nomination application by Abhay Dhir T/A Dhir & Associates on 23 November 2023.

The Tribunal reasoned that because the nomination application had been affirmed as refused, the essential requirement of an approved nomination for the visa could not be met. The applicant had informed the Tribunal that she was no longer working for the nominating employer, having ceased employment in December 2023. Despite the applicant providing various financial and employment documents, including payslips and an income statement, the Tribunal found that these did not overcome the fundamental issue that the underlying nomination was not approved. Consequently, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visas.