Lin (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Sheng Lin for a Temporary Skill Shortage (Class GK) visa (subclass 482), short-term stream. The applicant sought review of a decision not to approve the nomination made by LUXE2221 Pty Ltd in respect of his employment as a Marketing Specialist.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.482.212(1) of 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 who has not ceased to be a sponsor.

The Tribunal noted that on 8 February 2024, it had affirmed a previous decision refusing the approval of the nomination by LUXE2221 Pty Ltd. As the nomination had been refused, the applicant could not be the subject of an approved nomination, and therefore did not satisfy cl.482.212(1). The Tribunal had provided the applicant with an opportunity to comment on this information, and the applicant’s representative submitted comments on 21 February 2024. These comments detailed the applicant's employment history and explained a business reconstruction that had affected LUXE2221 Pty Ltd's revenue at the time of the nomination. However, the Tribunal found that the refusal of the nomination was a critical factor that prevented the applicant from meeting a fundamental visa requirement.

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