Gunaratne (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for the occupation of Accountant (General). The applicant and their nominator, Tikiri Pty Ltd, sought review by the Administrative Appeals Tribunal of a decision to refuse the nomination. The Tribunal, constituted by Member Peter Emmerton, was required to determine whether the nomination for the visa was approved.

The central legal issue before the Tribunal was whether the requirements of clause 482.212(1) of the Migration Regulations 1994 were met. This clause mandates that the nomination identified in the visa application must have been approved, and that the nominator was an approved work sponsor at the time of approval and that this approval had not ceased. The Tribunal considered the nominator's sponsorship status and the history of the nomination application, which had initially been refused but was subsequently reviewed.

The Tribunal found that the nominator, Tikiri Pty Ltd, was an approved Standard Business Sponsor at the relevant time, with their sponsorship valid until April 2026. Crucially, the Tribunal overturned the delegate's earlier refusal and, on 1 February 2024, approved the nomination. The Tribunal was satisfied that the nomination had been approved under section 140GB of the Migration Act 1958, that the nominator was an approved work sponsor at the time of approval, and that the approval had not ceased. Having determined that clause 482.212(1) was satisfied, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the applicant met this specific criterion.