D'Amico (Migration)

This matter concerned an application for review of a decision not to grant a Temporary Skill Shortage (Class GK) visa (Subclass 482) under the short-term stream. The applicant was the nominee for a position as a café or restaurant manager. The review was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicant's nomination had been approved and remained valid, as required by clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved and not subsequently ceased.

The Tribunal reasoned that a critical requirement for the visa was not met because the applicant's sponsor's nomination application had been refused by the Department of Home Affairs on 7 June 2018, and this refusal was affirmed by the Tribunal on 10 November 2021. Despite an invitation under s.359A of the Migration Act 1958 to provide comments or information regarding this refusal, the applicant provided documents on 14 January 2021 that were unreadable and offered no substantial reasons for the nomination's validity. Consequently, as the nomination requirement was not satisfied, the Tribunal affirmed the decision not to grant the visa.