Hidayat (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, in the short-term stream, for the occupation of Metallurgical or Materials Technician. The applicant was ICO ASIAPACIFIC AUSTRALIA PTY LTD, and the decision was made by Member Amanda Mendes Da Costa of the Tribunal. The core of the dispute revolved around the approval of the applicant's nomination for the position.

The legal issue before the Tribunal was whether the applicant met the criteria specified in clause 482.212(1) of Schedule 2 to the Regulations. This clause requires that a nomination, as identified in the visa application, must have been approved, made by a person who was an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal reasoned that the sponsor, ICO ASIAPACIFIC AUSTRALIA PTY LTD, had lodged a nomination application for the applicant for the specified occupation. This application had initially been refused by a delegate of the Minister, leading the sponsor to seek a review by the Tribunal. On 23 November 2023, the Tribunal set aside the delegate's refusal and substituted its own decision, approving the sponsor's nomination application. Consequently, the Tribunal was satisfied that the nomination was approved, the nominator was an approved work sponsor at the time of approval, and the nomination had not ceased, thus meeting the requirements of clause 482.212(1).

Given these findings, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met criterion cl 482.212(1) of Schedule 2 to the Regulations.