Lin (Migration)

This matter concerned an application for review of a decision not to grant Temporary Skill Shortage (Class GK) visas (Subclass 482). The applicant failed to provide requested information to the Tribunal, which was considering affirming the original decision. The Tribunal, constituted by Stephen Witts, ultimately affirmed the decision to refuse the visas.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, a mandatory requirement for the grant of a Subclass 482 visa. The Tribunal had notified the applicant that their nominator, Excellent Pro Tiling Pty Ltd, had its application for the nominated position refused, and that this refusal had been affirmed on review. The applicant was invited to comment on this information, which was relevant to the visa grant criteria, but failed to respond within the stipulated timeframe.

The Tribunal reasoned that clause 482.212(1) of the Migration Regulations requires that the nomination identified in the visa application be approved and not have ceased. As the applicant's nominator's application had been refused and this refusal affirmed, the Tribunal found that there was no approved nomination. Consequently, an essential requirement for the visa grant was not met. The Tribunal also found that as the primary applicant did not fulfil the criteria, the secondary applicant also did not.

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