Jacinto (Migration)

This matter concerned an application for Temporary Skill Shortage (Class GK) visas, subclass 482, medium-term stream, made by Mr Jem Jost Jacinto, Ms Yvette Kristine Jacinto, and Mr Luca Jost Jacinto. The applications were refused, and this decision was affirmed on review by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the nomination associated with the visa applications had been approved, as required by clause 482.212(1) of the Migration Regulations. This clause mandates that the nomination must have been approved by an approved work sponsor and must not have ceased.

The Tribunal reasoned that the nomination identified in the visa applications had previously been refused, and a subsequent review of that refusal by the Tribunal on 15 March 2022 affirmed the delegate's decision. Consequently, as there was no valid nomination in place, the primary applicant did not meet the requirements of clause 482.212(1). It followed that the other applicants, as members of the family unit, could not meet the requirements of clause 482.312 of Schedule 2 to the Migration Regulations. As an essential requirement for each visa was not met, the Tribunal affirmed the decision not to grant the visas.