Calilap (Migration)

The Administrative Appeals Tribunal considered the applications of Mr and Ms Calilap for a Temporary Skill Shortage (Class GK) visa (subclass 482), medium-term stream, for the occupation of stonemason. The primary issue before the Tribunal was whether there was an approved nomination in relation to the nominated position.

The Tribunal was required to determine if the requirements of clause 482.212(1) of the Migration Regulations 1994 were met, specifically whether the nomination identified in the visa application had been approved. This clause mandates that a nomination must be approved, made by an approved sponsor, and not have ceased.

The Tribunal affirmed the delegate's decision to refuse the nomination application, noting that the nomination was not approved as at 12 March 2024. As an approved nomination is an essential requirement for the visa, and this requirement was not met, the Tribunal affirmed the decision not to grant Mr Calilap the visa. Consequently, as Ms Calilap applied as a secondary applicant relying on Mr Calilap meeting the primary criteria, and he did not, her application could not be granted either. The Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas to either applicant.