Cheung (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, Subclass 482, short-term stream, made by Mr Ying Kit Cheung and Ms Liyi Chen. The dispute centred on whether the applicant, Mr Cheung, met the requirements of clause 482.212(1) of Schedule 2 to the regulations, specifically concerning an approved nomination. The decision was made by Karen McNamara, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant, Mr Cheung, satisfied the criteria set out in clause 482.212(1) of Schedule 2 to the regulations. This clause requires that a nomination, identified in the visa application, be approved, made by an approved work sponsor at the time of approval, and that the sponsorship has not ceased. The Tribunal also considered the application of Ms Chen, who applied as a member of the family unit of Mr Cheung.

The Tribunal reasoned that the nominating employer, Fresh Food Market Rooty Hill Pty Ltd, had its nomination for the occupation of Butcher or Smallgoods Maker initially refused by the Department. However, on review, the Tribunal set aside that refusal and substituted a decision to approve the nomination on 1 September 2023. The Tribunal was satisfied that the nominator was an approved sponsor and that the approved nomination had not ceased, thus meeting the requirements of clause 482.212(1). Consequently, the Tribunal directed that the matter be remitted to the Minister for reconsideration of the remaining visa criteria for Mr Cheung, and that Ms Chen's application would be determined by reference to the outcome of Mr Cheung's application.