Le Pochat (Migration)

The Administrative Appeals Tribunal, with Member Angela Julian-Armitage presiding, considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream, in relation to a cabinetmaker. The applicant sought review of a decision concerning their visa application.

The central legal issue before the Tribunal was whether the nomination, which was the subject of the visa application, had been approved in accordance with the relevant legislative requirements. Specifically, the Tribunal had to determine if the nomination met the criteria stipulated in clause 482.212(1) of Schedule 2 to the Regulations.

The Tribunal reasoned that clause 482.212(1) mandates that a nomination identified in a visa application must have been approved by a person who was an approved work sponsor at the time of approval and that the approval had not ceased. The Tribunal found that the nomination in question was indeed approved on 23 February 2022, thereby satisfying the requirements of clause 482.212(1). Consequently, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met the criteria under clause 482.212(1) for a Subclass 482 visa.