Gardi Hewa Pattinige (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream. The applicant, Mr Amila, sought review of a decision concerning his visa application. The decision under review was made by the Tribunal, presided over by Deputy President J.L Redfern PSM.

The primary legal issue before the Tribunal was whether Mr Amila met the requirements of clause 482.212(1) and (2) of Schedule 2 to the Regulations. Clause 482.212(1) pertains to the approval of the nominated position, requiring that the nomination was approved, made by an approved sponsor, and had not ceased. Clause 482.212(2) concerns the genuineness of the applicant's intention to perform the nominated occupation and the genuineness of the nominated position itself.

The Tribunal, having considered the evidence and prior findings in a related matter (number 1829604), was satisfied that Mr Amila met the requirements of clause 482.212(1). Furthermore, based on the applicant's evidence at the hearing and the Tribunal's prior satisfaction regarding the genuineness of the position, the Tribunal was also satisfied that Mr Amila met the requirements of clause 482.212(2). Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had satisfied these specific criteria.