DOS SANTOS BARBOSA (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, in the occupation of Electronic Equipment Trades Worker. The applicant, DOS SANTOS BARBOSA, sought review of a decision. The Administrative Appeals Tribunal, constituted by C. Packer, considered the applicant's claims and evidence.

The primary legal issue before the Tribunal was whether the requirement for an approved nomination, as stipulated by clause 482.212(1) of Schedule 2 to the Regulations, had been met. 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 not have ceased.

The Tribunal found that the nomination by Freshway Property Care Pty Ltd had been approved on 30 May 2023, following a previous decision by the Tribunal that set aside the initial refusal and substituted an approval. Consequently, the Tribunal determined that the criterion under clause 482.212(1)(a) was satisfied. Given this finding, the Tribunal concluded that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant meets the criterion specified in clause 482.212(1)(a).