MA (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) – short-term stream. The primary applicant was nominated by Blue Lake for a position as a Sales and Marketing Manager. The Department had initially refused the nomination, but the Administrative Appeals Tribunal (the Tribunal) subsequently set aside that decision and substituted an approval of the nomination. The Tribunal, constituted by Joanne Bakas, considered the matter on the papers without a hearing, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth).

The central legal issue before the Tribunal was whether the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994 (Cth) were met, specifically subclause (a) concerning the approval of the nomination. Clause 482.212(1) stipulates that the nomination must have been approved under s 140GB of the Act, the nominator must have been an approved sponsor at the time of approval, and the approval must not have ceased. The Tribunal noted that only the approval of the nomination was in dispute.

The Tribunal reasoned that as it had previously set aside the Department's decision and substituted a decision approving the nomination, the requirement under clause 482.212(1)(a) was satisfied. The Tribunal found no evidence before it that the applicant failed to meet any other requirements of clause 482.212(1). Consequently, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The Tribunal directed that the primary applicant met the criteria under clause 482.212(1)(a), and that the secondary applicant's application should also be reconsidered in light of the outcome for the primary applicant.