Keay (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for a bricklayer. The applicant sought review of a decision to refuse the visa.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, as required by clause 482.212(1) of the Migration Regulations. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved sponsor at the time of approval, and not have ceased.

The Tribunal found that the applicant was the nominee for a position with the partnership C KEAY & D KEAY, which provides bricklaying services. However, the Department had previously advised the applicant that the sponsoring employer did not have an approved nomination in place. Despite being invited to comment, the applicant provided no response. The Tribunal had previously affirmed a decision refusing the nomination. At the hearing, the Tribunal informed the applicant that affirming the refusal of the nomination would mean the applicant and secondary applicants could not meet essential criteria for the visa, specifically clause 482.212(1). The applicant acknowledged that without an approved nomination, their visa applications could not be successful.

Consequently, as an essential requirement for the visa was not met, the Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas to the applicant and any secondary applicants.