Daby (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, Subclass 482, short-term stream, made by a primary applicant and secondary applicants. The dispute before the Tribunal was whether the primary applicant had an approved standard business sponsor for the grant of the visa. The decision was made by Member Warren Stooke AM of the Tribunal.

The central legal issue before the Tribunal was to determine whether the nomination identified in the visa application was approved, made by an approved work sponsor at the time of approval, and had not ceased, as required by clause 482.212(1) of the relevant regulations. The Tribunal also considered whether the primary applicant met the required criteria for the visa grant, which would then allow for the secondary applicants, as members of the family unit, to also meet the criteria.

The Tribunal reasoned that while the nominating sponsor, Perth Corporate Cleaners Pty Ltd, had an approved sponsorship that had expired, the Tribunal had made a substitute decision on 17 June 2024 to approve a standard business sponsor for Perth Corporate Cleaners Pty Ltd in a separate case matter. Based on this, the Tribunal was satisfied that the applicant had an approved standard business sponsor, thereby meeting the requirements of clause 482.212(1). The Tribunal also found that the first named applicant met the required criteria for the grant of a 482 visa, and consequently, the secondary applicants also met the criteria.

Accordingly, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration. The remittal was made with the direction that the first named applicant and the secondary applicants meet the criteria specified in cl 482.212 and cl 482.312 of Schedule 2 to the Regulations.