Krishan Lal (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) by a primary applicant, with a second applicant seeking the visa as a member of the family unit. The decision was made by Namoi Dougall, a Member of the Tribunal. The core dispute revolved around whether the primary applicant met the requirements for an approved nomination.

The Tribunal was required to determine if the primary applicant was subject to an approved nomination, specifically addressing the requirements of clause 482.212(1) of Schedule 2 to the Regulations. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal reasoned that while a prior nomination application for the position of Gardener (ANZSCO 362211) was initially refused, the Tribunal had previously set aside that decision and substituted an approval for the nomination. Consequently, the Tribunal was satisfied that the criterion in clause 482.212(1) was met. As the primary applicant's application was being remitted with this finding, the Tribunal determined that the remaining criteria for the Subclass 482 visa would need to be considered for both applicants.

The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first named applicant met the criterion specified in clause 482.212(1) of Schedule 2 to the Regulations.