Kodsi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Temporary Skill Shortage (Class GK) visa (subclass 482), medium-term stream. The applicant's employer, Patient Handling Pty Ltd, had applied for approval of a nominated position, which was initially refused by a delegate of the Minister. Although the nominator sought a review of this refusal, the review application was subsequently withdrawn, meaning the nomination was not approved.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, a mandatory requirement for the grant of the visa. The Tribunal had notified the applicant that the failure to secure an approved nomination would likely lead to the affirmation of the original decision. The applicant was given an opportunity to respond to this information.

The Tribunal reasoned that a fundamental criterion for the visa, namely that the nominated position must be the subject of an approved nomination, had not been met. Despite the applicant's subsequent submission explaining a change in employment and expressing a desire to attend a hearing, the Tribunal found that the withdrawal of the nomination review application was determinative. The applicant's explanation regarding communication issues with their former employer and the engagement of a new immigration lawyer did not overcome the fact that the nomination itself had not been approved.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.