Kim (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in its short-term stream. The applicant, identified as Kim, sought to have a decision not to grant the visa reviewed. The primary issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1)(c) of the Migration Regulations 1994.

The legal issue before the Tribunal was whether the nomination lodged by Pakit Adelaide Pty Ltd for the applicant's Subclass 482 visa application had ceased under regulation 2.75 of the Migration Regulations 1994. This requirement was a prerequisite for the grant of the visa under clause 482.212(1)(c).

The Tribunal reasoned that the nomination had ceased because the nominator, Pakit Adelaide Pty Ltd, had its standard business sponsorship cancelled on 12 February 2021. Consequently, the Tribunal found that the nomination had ceased and the requirements of clause 482.212(1)(c) were not met. As this criterion was not satisfied, the Tribunal deemed it unnecessary to consider other criteria for the visa. The Tribunal further noted that the second and third named applicants also did not satisfy the requirements of clause 482.312, as they were not holders of a Subclass 457 or Subclass 482 visa and the primary applicant had not met the visa grant requirements.

The Tribunal affirmed the decision not to grant the applicants Temporary Skill Shortage (Class GK) visas.