GONG (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the medium-term stream. The applicant sought review of a decision not to grant the visa. The applicant's sister-in-law was involved in the management of the nominator company, Australia Dionysus Wine Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of the Migration Regulations 1994. 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 of the applicant for the position of Chief Executive or Managing Director by Australia Dionysus Wine Pty Ltd had not been approved. Consequently, the Tribunal determined that the requirement for an approved nomination, as stipulated in cl.482.212(1), was not met. As the applicant had not satisfied this essential criterion for the Subclass 482 visa, and no claims were made regarding other visa streams, the Tribunal affirmed the decision not to grant the visa to the applicants.