Li (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the medium-term stream, specifically for the position of Engineering Technologist. The applicant's sponsoring employer, FIB ELECTRICAL PTY LTD, had its nomination for this position refused by the Department. Subsequently, the applicant's application for review of this refusal was withdrawn. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa, given the circumstances surrounding the nomination.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved and made by an approved work sponsor, and that this approval must not have ceased. The Tribunal also considered the applicant's engagement with the review process, including invitations to comment and attend a hearing.

The Tribunal found that the Department's initial refusal of the nomination had not been overturned. Crucially, the sponsoring employer had withdrawn its application for review of the nomination refusal. The applicant had not provided any information to dispute this fact or to demonstrate that the nomination had been approved. Consequently, the Tribunal concluded that the essential requirement under clause 482.212(1) was not met, as the nomination had not been approved.

The Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.