Khunsong (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482) by Khunsong and two other applicants, who were members of the primary applicant's family unit. The dispute arose after a delegate of the Department of Home Affairs refused to approve a nomination for a position as a Café or Restaurant Manager for the first applicant, Sengaroun Pty Ltd. The case was before the Tribunal for review of this refusal.

The primary legal issue before the Tribunal was whether the first applicant met the criteria stipulated in clause 482.212(2) of Schedule 2 to the Migration Regulations 1994. This clause requires that the applicant's intention to perform the nominated occupation be genuine, and that the position associated with the nominated occupation also be genuine.

The Tribunal found that the nomination made by Sengaroun Pty Ltd for the first applicant should be approved and that the nomination had not ceased to be valid. Consequently, the Tribunal determined that the requirements of clause 482.212 were met. As the second and third applicants' eligibility depended on the primary applicant's visa, and given the findings regarding the nomination, the Tribunal concluded that the appropriate course was to remit the applications to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the criteria under cl 482.212, and the secondary applicants met the secondary criteria for the visa.