Kaur (Migration)

This matter concerned an application for review by Mrs Sandeep Kaur of a decision not to grant her a Temporary Skill Shortage (Class GK) visa (Subclass 482). The review was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mrs Kaur met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that a nomination identified in a visa application must have been approved by a person who was an approved work sponsor at the time of approval and whose sponsorship has not ceased.

The Tribunal reasoned that the nomination made by Dugg Pty Ltd in respect of Mrs Kaur had been refused on 2 January 2024. Furthermore, the Tribunal noted that the nominator's approval as a standard business sponsor had been cancelled on 11 May 2023. As the nomination had not been approved, and the nominator was no longer an approved sponsor, the Tribunal concluded that Mrs Kaur could not satisfy the requirements of clause 482.212(1). The Tribunal afforded the applicant an opportunity to comment on this information, but the applicant's representative requested that the matter be decided on the available information.

Consequently, the Tribunal affirmed the decision not to grant Mrs Kaur the Temporary Skill Shortage (Class GK) visa, as an essential requirement for the visa had not been met.