Gusak (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream, by the first applicant, with the second, third, and fourth applicants applying as members of his family unit. The central dispute concerned whether the nomination for the applicant's occupation as a Solid Plasterer had been approved in accordance with the relevant legislative requirements.

The Tribunal was required to determine whether the nomination identified in the visa application had been approved under section 140GB of the Migration Act 1958 (Cth), as mandated by clause 482.212(1)(a) of Schedule 2 to the Migration Regulations 1994 (Cth). This clause requires that the nomination be approved and that the nominator was an approved work sponsor at the time of approval and has not ceased to be one.

The Tribunal reasoned that while the Department of Home Affairs had initially refused the nomination application, the sponsor had sought review of this decision. Subsequently, the Tribunal itself had set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal found that the requirement of clause 482.212(1)(a) was met for the first applicant. Given this finding, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The applications of the family unit members were also remitted for reconsideration in light of the Tribunal's decision regarding the primary applicant.