Dillon (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (subclass 482) in the medium-term stream, for the occupation of Joiner. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in relation to an approved nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause requires that the nomination identified in the visa application be approved, made by an approved work sponsor at the time of approval, and has not ceased. The Tribunal also considered whether the secondary applicant, as a member of the family unit, met the relevant criteria, which are contingent on the primary applicant satisfying the essential requirements.

The Tribunal found that the nomination application made by the sponsoring employer, Northside Fitouts, had been refused by the Department. Furthermore, Northside Fitouts was deregistered on 27 June 2021, and the applicant confirmed the business had closed in early 2021. The Tribunal had previously determined it lacked jurisdiction to review the refusal of the nomination application. Consequently, the Tribunal concluded that the relevant nomination had not been approved, meaning clause 482.212(1)(a) was not met, and therefore clause 482.212 as a whole was not satisfied. As the primary applicant failed to meet an essential visa criterion, the secondary applicant also could not satisfy the criteria for a member of the family unit.

The Tribunal affirmed the decision not to grant the applicants the Temporary Skill Shortage (Class GK) visas.