Hassett (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream. The applicant sought to work as a carpenter. The review was heard by the Tribunal.

The central legal issue before the Tribunal was whether the position to which the applicant's visa application related was the subject of an approved nomination. This was a requirement under clause 482.212(1) of the relevant regulations.

The Tribunal noted that the applicant had failed to respond to an invitation to provide further information and had not engaged with the Tribunal since lodging the review application. Consequently, the Tribunal proceeded to make a decision based on the available material. The Tribunal found that the nomination identified in the visa application had not been approved under section 140GB of the Act. As this essential requirement of clause 482.212(1) was not met, the Tribunal affirmed the decision not to grant the visa.