Chatmi (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the medium-term stream, for the occupation of Civil Engineer. The applicant's nominator had initially not had their nomination approved, but following a review, the Tribunal set aside that decision and substituted a decision approving the nomination. The case came before Member Alan McMurran of the Tribunal.

The central legal issue before the Tribunal was whether the nomination identified in the visa application had been approved in accordance with section 140GB of the Migration Act 1958 (Cth) and clause 482.212(1) of Schedule 2 to the Migration Regulations 1994 (Cth). This clause requires that the nominated person be approved, that the nomination was made by an approved work sponsor at the time of approval, and that the sponsorship has not ceased.

The Tribunal reasoned that following its decision on 15 December 2023 to approve the nomination, the nominator was an approved work sponsor and their sponsorship had not ceased. Therefore, the Tribunal found that the requirements of clause 482.212(1) were met.

Consequently, the Tribunal remitted the application for the Temporary Skill Shortage (Class GK) visa to the Minister for reconsideration, with a direction that the applicant satisfied the criteria under clause 482.212(1). The Minister was to consider the remaining visa criteria.