HAN (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa by Mr Han. The applicant sought judicial review of a decision concerning his visa application.

The primary legal issue before the court was whether Mr Han met the requirements of clauses 482.212(1) and (2) of Schedule 2 to the Regulations. Clause 482.212(1) pertains to the approval of the nomination for the visa, requiring that the nominator was an approved work sponsor at the time of approval and that this approval has not ceased. Clause 482.212(2) requires that the applicant genuinely intends to perform the nominated occupation and that the position itself is genuine.

The court found that Mr Han satisfied the requirements of clause 482.212(1), noting that this had not been considered by the original delegate. Furthermore, based on evidence provided by Mr Han and previous findings in a related matter, the court was satisfied that Mr Han also met the requirements of clause 482.212(2). Consequently, the court remitted the application to the Minister for reconsideration, with a direction that Mr Han met these specific clauses.