Kaur (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482) made by Mrs Kamalpreet Kaur and Mr Rajwinder Singh Kharoud, with a third applicant, Master Gurbaaz Singh Kharoud, also named. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicants met the requirements for the visa, specifically focusing on the approval of the nomination by the employer, ASMT Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant, Mrs Kamalpreet Kaur, satisfied clause 482.212(1) of Schedule 2 to the Migration Regulations 1994, which mandates that the nomination identified in the visa application must have been approved, made by an approved sponsor, and not ceased. A further issue arose regarding the Tribunal's jurisdiction in relation to the third applicant, Master Gurbaaz Singh Kharoud.

The Tribunal found that the nomination by ASMT Pty Ltd, initially refused by the Department, was subsequently approved by the Tribunal on 11 February 2022. It was also satisfied that ASMT Pty Ltd was an approved standard business sponsor. Consequently, the Tribunal determined that the requirements of clause 482.212(1) were met for Mrs Kamalpreet Kaur. However, the Tribunal concluded it lacked jurisdiction concerning Master Gurbaaz Singh Kharoud, as he was not included in the original application and no subsequent application or departmental decision concerning him was before the Tribunal. The application by Mr Rajwinder Singh Kharoud was to be determined by reference to the outcome of Mrs Kaur's application.

The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that Mrs Kamalpreet Kaur meets the criteria under clause 482.212(1). The Tribunal explicitly stated it did not have jurisdiction in relation to the third named applicant, Master Gurbaaz Singh Kharoud.