Jung (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for an Accountant (General). The applicant and their nominator, Three Blue Ducks Pty Ltd, sought review by the Administrative Appeals Tribunal of a decision to refuse the visa application. The Tribunal, constituted by Peter Emmerton, considered whether the nomination associated with the visa application had been approved.

The primary legal issue before the Tribunal was whether the requirements of clause 482.212(1) of the Migration Regulations 1994 were met, specifically concerning the approval of the nomination. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal reasoned that while the nominator, Three Blue Ducks Pty Ltd, was an approved Standard Business Sponsor, their initial application to sponsor the visa applicant had been refused. However, the Tribunal subsequently overturned this refusal on 14 February 2024, approving the nomination. The Tribunal was satisfied that the nomination had been approved under section 140GB of the Migration Act 1958, the nominator was an approved work sponsor at the time of approval, and the approval had not ceased. Consequently, the Tribunal found that the requirements of clause 482.212(1) were satisfied.

Given these findings, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 482.212 of Schedule 2 to the Regulations.