Kandel (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream, for the occupation of Cook. The applicant, Kandel, sought review of a decision concerning their visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirement for an approved nomination under clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. 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 found that a previous decision in case number 1933172, made on 16 June 2023, had set aside the original decision not to approve the nomination by Zeera Tadka Pty Ltd and substituted it with a decision approving the nomination. Consequently, the Tribunal determined that the requirement under clause 482.212(1)(a) was satisfied. Given this finding, the Tribunal concluded 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 first named applicant met the criteria under clause 482.212(1)(a).