Dhir Infotech Pty Ltd (Migration)

[2024] AATA 1625

Dhir Infotech Pty Ltd (Migration) [2024] AATA 1625 (26 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Dhir Infotech Pty Ltd

VISA APPLICANTS:  Mrs Hetalben

Jagat Vaghela

Mr Jagat

Kiritkumar Vaghela

Master Akshar Jagat VAGHELA

CASE NUMBER:  2203991

HOME AFFAIRS REFERENCE(S):          BCC2020/2274432

MEMBER:Jessica Henderson

DATE:26 April 2024

PLACE OF DECISION:  Perth

DECISION:The Tribunal remits the applications for Temporary Skill Shortage (Class GK) visas for reconsideration, with the direction that the first named visa applicant meets the following criteria for a Subclass 482 visa:

·cl 482.212(1) of Schedule 2 to the Regulations

Statement made on 26 April 2024 at 3:48pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 – Short-term stream – Software Tester – Tribunal set aside the Department’s decision and substituted a decision that the nomination be approved – approved nomination – decision under review remitted 

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 482.212

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 28 February 2022 to refuse to grant the visa applicants Temporary Skill Shortage (Class GK) visas under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicants applied for the visas on 10 September 2020. At that time, Class GK contained one subclass: Subclass 482 (Temporary Skill Shortage). The criteria for a Subclass 482 visa are set out in Part 482 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). Applicants seeking to satisfy the primary criteria for the visa must meet the ‘Common criteria’ and the criteria of one of three alternative streams: the Short-term stream, the Medium-term stream, or the Labour Agreement stream. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria.

3. In this case, the primary visa applicant (the applicant) is seeking the visa in the Short-term stream to work in the nominated occupation of Software Tester (ANZSCO code 261314).

4. The delegate in this case refused to grant the visa on the basis that the visa applicant did not satisfy the requirements of cl 482.212(1) of Schedule 2 to the Regulations, which requires that the nomination identified in the visa application is approved, was made by a person who was an approved work sponsor at the time of approval and has not ceased.

5. The nomination identified in the visa application is Dhir Infotech Pty Ltd and was made on 9 September 2020. By decision dated 13 December 2021 a delegate of the Minister refused to approve the nomination, and the applicant’s visa application was consequentially refused.

6. On 24 April 2024 the Tribunal set aside the decision to refuse to approve Dhir Infotech Pty Ltd nomination of the applicant and substituted a decision that the nomination is approved. In doing so, the Tribunal made findings that Dhir Infotech Pty Ltd is an approved work sponsor.

7. The Tribunal finds that the requirements of cl 482.212(1) are met. Given this finding, the appropriate course is to remit the matter to the Minister to consider the remaining criteria for the visa.

   DECISION

8. The Tribunal remits the applications for Temporary Skill Shortage (Class GK) visas for reconsideration, with the direction that the first named visa applicant meets the following criteria for a Subclass 482 visa:

   ·cl 482.212(1)

   Jessica Henderson
   Member