Li (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482) by Mrs Ka Yee Kathy Li, Mr Chun Kong David Fong, and Miss Davina Fong. The primary dispute revolved around the approval of a nomination by Lifestyle Grand Pty Ltd for the occupation of Hotel or Motel Manager, which had initially been refused by the Department. The applications by Mr Fong and Miss Fong were made as members of the family unit of Mrs Li. The decision was made by Karen McNamara, a Member of the Tribunal.

The legal issue before the Tribunal was whether the applicants met the requirements of clause 482.212(1) of Schedule 2 to the regulations, specifically concerning the approval of the nomination. The Tribunal also needed to determine how the applications of the secondary applicants, Mr Fong and Miss Fong, should be treated in light of the primary applicant's visa application.

The Tribunal found that the requirement for an approved nomination under clause 482.212(1)(a) was satisfied because the Tribunal had previously set aside the Department's refusal of Lifestyle Grand Pty Ltd's nomination and substituted a decision to approve it. The Tribunal was also satisfied that the nominator was an approved sponsor and that the approved nomination had not ceased. Consequently, the requirements of clause 482.212(1) were met for Mrs Li. The Tribunal determined that the applications of Mr Fong and Miss Fong would be considered by reference to the outcome of Mrs Li's application upon remittal.

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, Mrs Ka Yee Kathy Li, met the criteria specified in clause 482.212(1) of Schedule 2 to the Regulations.