Landsman (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, Medium-term stream. The applicant sought review of a decision not to grant this visa.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was an approved nomination for the applicant's occupation, made by an approved work sponsor, which had not ceased.

The Tribunal found that the applicant had not satisfied the requirements of clause 482.212(1). The evidence before the Tribunal did not demonstrate an approved nomination relating to the applicant, made by a standard business sponsor, that remained in effect. As no claims were made regarding other visa streams and no evidence was presented to suggest the applicant could satisfy their criteria, the Tribunal affirmed the original decision to refuse the visa.