Gamburger (Migration)

The Administrative Appeals Tribunal, with Member Nicola Findson presiding, considered the case of an applicant seeking a Temporary Skill Shortage (Class GK) visa, subclass 482, in the short-term stream for the occupation of Cook. The applicant's visa application was based on a nomination by The Lodge MGL Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the visa, specifically concerning the approval of the nomination. Clause 482.212(1) of the Migration Regulations 1994 mandates that a nomination identified in a visa application must have been approved and made by an approved work sponsor, and must not have ceased.

The Tribunal found that at the time the visa application was lodged, the applicant was the subject of a nomination application for the Cook position. However, this nomination application was refused by the Department on 24 October 2018. Although The Lodge MGL Pty Ltd sought review of this refusal, the Tribunal dismissed its review application on 16 September 2022. Consequently, the Tribunal determined that the nomination identified in the visa application had not been approved, meaning a crucial requirement of clause 482.212(1) was not satisfied. As this was an essential requirement for the visa, the Tribunal affirmed the decision not to grant the applicant the visa.