Jeong (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal by an applicant seeking a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Short-term stream. The applicant's employer, 5 Seeds Pty Ltd, had initially had its nomination for the occupation of Cook refused by the Department. The applicant sought review of the delegate's decision to refuse the visa application.

The primary legal issue before the Tribunal was whether the requirement for an approved nomination, as stipulated by clause 482.212(1) of the Migration Regulations 1994, had been met. This clause requires that the nomination identified in the visa application be approved, made by an approved work sponsor at the time of approval, and has not ceased.

The Tribunal found that while the Department had initially refused the nomination, 5 Seeds Pty Ltd had subsequently applied for review of that decision. On 11 December 2023, the Tribunal set aside the primary decision and substituted it with a decision approving the nomination. The Tribunal was satisfied that 5 Seeds Pty Ltd was an approved work sponsor and that the approval of the nomination had not ceased. Accordingly, the cumulative requirements of clause 482.212(1) were met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 482.212(1) of Schedule 2 to the Regulations. The Tribunal considered a hearing to be unnecessary, as it could reach its decision based on the material before it.