Kanjanaphanichkul (Migration)

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

The primary legal issue before the Tribunal was whether the nomination associated with the visa application had been approved, as required by clause 482.212(1) of Schedule 2 to the Regulations. This clause mandates that the nomination must be approved, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal found that the nomination by A Day In Bkk Pty Ltd ATF The Kanjana Family Trust had indeed been approved on 26 May 2023, satisfying the requirements of clause 482.212(1)(a). Consequently, the Tribunal remitted the application to the Minister for reconsideration, directing that the first named applicant meets this specific criterion for a Subclass 482 visa, with the Minister to consider the remaining visa criteria.