Hajas (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the medium-term stream. The applicant sought review of a decision by the Tribunal concerning their eligibility for the visa. The core of the dispute revolved around whether the applicant was the subject of an approved position nomination, as required by the relevant regulations.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 482 visa, specifically whether the nomination identified in the visa application had been approved, was made by an approved work sponsor, and had not ceased. Additionally, the Tribunal considered whether the applicant, as a secondary applicant, was a member of the family unit of a primary applicant who met the criteria for the visa.

The Tribunal found that the nomination identified in the visa application had indeed been approved, that the sponsor was an approved work sponsor at the time of approval, and that the sponsorship had not ceased, thereby satisfying clause 482.212(1) of the Regulations. Furthermore, the Tribunal determined that the applicant, as a secondary applicant, met the criteria under clause 482.312 of Schedule 2 to the Regulations, as they were now eligible for a Subclass 482 visa. Consequently, the Tribunal remitted the applications for the Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first named applicant met the criteria under cl 482.212(1) and the second named applicant met the criteria under cl 482.312.