Choo (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, by Mr. Choo. The dispute arose from the refusal of the visa application, which was linked to a nomination application for the position of Accountant (General). The Administrative Appeals Tribunal, constituted by Member Namoi Dougall, was required to determine whether the relevant criteria for the visa had been met.

The primary legal issue before the Tribunal was whether the nomination identified in the visa application satisfied the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations. This clause mandates that the nomination must be approved, made by an approved work sponsor at the time of approval, and must not have ceased. The Tribunal considered a nomination application lodged on 22 November 2018, which had initially been refused by the Department on 12 May 2021.

The Tribunal reasoned that on 13 April 2022, it had set aside the Department's refusal and substituted a decision approving the nomination. Consequently, the Tribunal was satisfied that the criterion in clause 482.212(1) had been 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 criteria for the visa. The Tribunal directed that the applicant met the criterion in clause 482.212(1).