Brown (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, short-term stream, for a graphic designer. The applicant’s related nomination application had been refused, and this decision was under review by the Tribunal. The Tribunal was constituted by Member George Hallwood.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 482.212(1) of the Regulations, which pertains to the approval of the nomination for the visa. This clause requires that the nomination be approved, made by an approved work sponsor at the time of approval, and that it has not ceased.

The Tribunal found that the nomination identified in the visa application, made by Cureative Aus Pty Ltd, was approved on 27 August 2024. Departmental records confirmed that Cureative Aus Pty Ltd was an approved work sponsor until 13 April 2027 and that the nomination had not ceased. Accordingly, the Tribunal concluded that the requirements of cl 482.212(1) were met.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met the criteria under cl 482.212(1) of Schedule 2 to the Regulations.