Lee (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, in the occupation of Cook. The applicant, Jonghyun Lee, had his nomination application initially refused by a delegate of the Minister. Jun Brothers Pty Ltd, the prospective sponsor, sought review of this refusal.

The primary legal issue before the Tribunal was whether the requirement under clause 482.212(1) of the Migration Regulations 1994, that the nomination identified in the visa application be approved and made by an approved sponsor whose approval had not ceased, was met. This clause is a prerequisite for the grant of the visa.

The Tribunal reasoned that although the nomination was initially refused, it had subsequently been approved by the Tribunal on review on 8 March 2024, with the decision to set aside the refusal and substitute it with an approval. Furthermore, Jun Brothers Pty Ltd had been approved as a standard business sponsor on 9 September 2022, with its approval valid until 9 September 2027. Consequently, the Tribunal found that the requirements of clause 482.212(1) were satisfied.

The Tribunal decided to remit the application for the Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with the specific direction that the applicant meets clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This means the Minister is to consider the remaining visa criteria.