Lim (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Wall and Floor Tiler. The applicant sought review of a decision concerning their visa application. The Tribunal, constituted by K. Chapman, was required to determine whether the applicant met the requirements of clause 482.212 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria under cl 482.212, which pertains to the requirements for an approved nomination. This involved assessing whether the nomination was approved, made by an approved sponsor, and had not ceased. Additionally, the Tribunal considered other relevant matters under cl 482.212, including the genuineness of the applicant's intention to perform the nominated occupation and the associated position, as well as the applicant's skills, qualifications, and employment background.

The Tribunal found that the nomination for the applicant in the occupation of Wall and Floor Tiler had been approved on review, that the nominator was an approved standard business sponsor at the time of approval, and that the nomination had not ceased, thus satisfying cl 482.212(1). Furthermore, the Tribunal was satisfied that the applicant's intention to perform the nominated occupation was genuine, the position was genuine, and the applicant possessed the necessary skills, qualifications, and employment background. Consequently, the Tribunal found that the applicant met the criteria under cl 482.212(2) and cl 482.212(3).

Given these findings, the Tribunal remitted the application for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under cl 482.212. The outcome for the second applicant, who applied as a member of the family unit, was to be determined by reference to the outcome of the first applicant's application upon remittal.