Kasini (Migration)

This matter concerned an application for a Temporary Work (Long Stay Activity) visa (Subclass 401) by Miss Kasini. The Administrative Appeals Tribunal (AAT) was required to determine whether the decision to refuse the visa should be affirmed. A key issue that arose after the application was lodged was that Miss Kasini was no longer identified in an approved nomination, which is a requirement for this visa subclass.

The Tribunal was tasked with determining whether Miss Kasini met the criteria for the Subclass 401 visa, specifically focusing on the requirement that she be identified in an approved nomination that had not ceased. This criterion is set out in clause 401.212 of Schedule 2 to the Migration Regulations 1994. The Tribunal also considered the provisions of regulation 2.75A, which outlines the circumstances under which a nomination approval ceases.

The Tribunal found that the nomination made by Miss Kasini's sponsor, AGM Inc, was approved on 30 April 2016. In accordance with regulation 2.75A(2)(b), the approval of this nomination ceased 12 months after its approval, on 30 April 2017. As Miss Kasini's application was still pending at this time, she no longer met the requirement of being identified in an approved nomination. The Tribunal noted that while changes to the temporary activity visa scheme had occurred, they did not affect applications lodged prior to 19 November 2016, meaning the Subclass 401 visa criteria were still relevant.

The Tribunal affirmed the decision not to grant the visa. It considered whether the circumstances warranted a referral to the Minister for consideration of public interest powers but concluded that, given the option of an offshore Subclass 408 visa application remained open to Miss Kasini, such a referral was not appropriate. The Tribunal noted that Miss Kasini and AGM Inc could still seek Ministerial intervention directly.