Hassan (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for an accountant. The applicant's visa application was contingent on an approved position nomination. The core dispute revolved around the approval of this nomination, which had previously been refused. The decision was made by the Administrative Appeals Tribunal.

The legal issue before the Tribunal was whether the nomination identified in the visa application met the requirements of clause 482.212(1) of the Migration Regulations. This clause mandates that the nomination must have been approved, made by an approved work sponsor at the time of approval, and not have ceased. The Tribunal also considered whether the nominator, IBMA Education Pty Ltd, was an approved Standard Business Sponsor at the relevant time.

The Tribunal reasoned that IBMA Education Pty Ltd was an approved Standard Business Sponsor whose sponsorship was valid until December 2026. Crucially, the Tribunal had previously overturned a delegate's refusal of the nomination application and had approved the nomination on 9 July 2024. Consequently, the Tribunal was satisfied that the nomination had been approved under section 140GB of the Migration Act, made by an approved sponsor, and that the approval had not ceased. Having found that clause 482.212(1) was met, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.