Frith (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream. The applicant's nominated occupation was Contract Administrator. The dispute arose because the initial nomination lodged by VCON Pty Ltd was refused by a delegate of the Minister of Home Affairs. The applicant subsequently sought review of this refusal by the Tribunal. The decision was made by Jade Murphy, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 482.212(1) of Schedule 2 to the Migration Regulations. 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 reasoned that while the nomination was initially refused on 10 February 2021, VCON Pty Ltd had applied for a review of this decision. On 28 June 2024, the Tribunal set aside the delegate's refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that the requirement of an approved nomination under clause 482.212(1) was now met.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister. The Tribunal directed that the applicant met the criteria under clause 482.212(1) of Schedule 2 to the Regulations, leaving the assessment of the remaining visa criteria to the Minister.