Coldebella (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for a retail buyer. The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by the Department of Home Affairs to refuse the related nomination application made by H & B Links Pty Ltd.

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

The Tribunal reasoned that upon review, and with the benefit of additional information regarding the applicant's employment and the nomination, it was satisfied that the nomination requirements were met. Specifically, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that the applicant satisfied clause 482.212(1) and that the nominator was an approved sponsor at the relevant time, with the nomination not having ceased.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met the criteria under clause 482.212(1) of Schedule 2 to the Regulations, and that the Minister should consider the remaining visa criteria.