BRAHMBHATT (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, in the short-term skill stream. The applicant sought review of a decision to refuse their nomination for this visa. The nominator, a café or restaurant, had ceased trading and was no longer operating as a business.

The central legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically concerning the requirement for an approved nomination. Clause 482.212(1) of the relevant regulations mandates that a nomination identified in a visa application must have been approved by a person who was an approved work sponsor at the time of approval and has not since ceased to be a sponsor.

The Tribunal reasoned that the evidence clearly indicated the nominator had ceased business operations. Consequently, the requirement under clause 482.212(1) that the nominator had not ceased as a business was not met. As this was an essential criterion for the visa, the Tribunal concluded that the applicant, and by extension any secondary applicants, did not meet the requirements for the Temporary Skill Shortage (Class GK) visa. The Tribunal affirmed the decision to refuse the visa.