Dao (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the medium-term stream. The applicant's visa application was linked to an approved position nomination. The decision under review was made by the Administrative Appeals Tribunal, with Member Angela Julian-Armitage presiding.

The primary legal issue before the Tribunal was whether there was an approved nomination for the occupation in place, 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, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal found that the work sponsor's nomination had been approved on 27 June 2024 and had not ceased. Consequently, the Tribunal determined that the requirements of clause 482.212(1) were met. Given this finding, the Tribunal remitted the applications for the Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, directing that the first named applicant met the criteria under cl 482.212 of Schedule 2 to the Regulations, and the second named applicant met the criteria under cl 482.312 of Schedule 2 to the Regulations.