Kundu (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for an Accountant (General). The applicant sought the grant of this visa, which was subject to an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically whether the nomination identified in the application had been approved. Clause 482.212(1) of Schedule 2 to the Migration Regulations 1994 requires that the nomination identified in the visa application be approved and that the nominator was an approved work sponsor at the time of approval and has not ceased to be one.

The Tribunal noted that a waiver request made by the nominator to the Minister was refused, and subsequently, on 15 August 2022, the Tribunal affirmed the decision not to approve the nomination in a related case. Following this, the Tribunal provided the visa applicant with an opportunity to respond to the fact that the nomination had not been approved. The applicant's representative conceded that the visa application was contingent on the nomination approval and requested the Tribunal to determine the current review application. The Tribunal found that as the applicant was not the subject of an approved nomination, the requirement under cl 482.212(1) was not met.

Consequently, as an essential requirement for the visa was not satisfied, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.