Liu (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the Short-term stream, for the occupation of Café or Restaurant Manager. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by K. Chapman, was required to determine whether the applicant met the requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination for the visa application must have been approved, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal found that the nomination of the applicant for the position of Café or Restaurant Manager by Hui Peng Pty Ltd had not been approved. Consequently, the Tribunal concluded that there was no approved nomination by a standard business sponsor that had not ceased, and therefore the requirements of cl 482.212(1) were not met. As no claims were made regarding other visa streams and no evidence was presented to suggest the applicant could satisfy their criteria, the Tribunal affirmed the decision not to grant the visa.