Clifford (Migration)

This matter concerned an application for review of a decision by the Department not to grant the applicant a Temporary Skill Shortage (Class GK) visa (Subclass 482) under the medium-term stream. The applicant sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant could satisfy clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause requires that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal considered that the applicant's nomination for the role of Fitter (General) by Major Engine Reconditioning Pty Ltd, lodged on 20 August 2020, was refused by the Department on 17 February 2021. While the nominator sought review of this refusal, the Tribunal affirmed the delegate's decision on 16 October 2023. The applicant was aware that an approved nomination was a prerequisite for his visa application, and despite assurances from his employer that the nomination issues would be rectified, no further submissions or documentation were provided to the Tribunal to demonstrate that the nomination had been approved. Consequently, the Tribunal found that there was no approved nomination in favour of the applicant.

As an essential requirement for the visa was not met, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.