Chiu (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (subclass 482) in the medium-term stream, specifically for a general accountant. The applicant's position nomination had previously been refused, but this decision was subsequently set aside on review. The Tribunal considered both the nomination and the visa applications together.

The primary legal issue before the Tribunal was whether the nomination, as required by clause 482.212(1) of the Regulations, had been approved. Additionally, the Tribunal needed to determine if the secondary applicant met the criteria for inclusion as a member of the family unit, as stipulated by clause 482.312.

The Tribunal found that a prior decision on 9 August 2022 had set aside the refusal of the nomination and substituted a decision approving the nomination by Surf & Turf Pty Ltd. It was also established that the nominator was an approved work sponsor at the time of approval and that this approval had not ceased. Consequently, the requirements of clause 482.212(1) were met for the primary applicant. The Tribunal further found that the secondary applicant was the spouse or defacto partner of the primary applicant and a member of their family unit, thus satisfying clause 482.312.

Given these findings, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The remittal was accompanied by a direction that the first named applicant met the criteria under clause 482.212(1) and the second named applicant met the criteria under clause 482.312.