Maguire (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) – medium-term stream. The applicant’s visa application had been refused by the Department because the nomination by the employer, Dimeo Cleaning Services (Aust) Pty Ltd, for the occupation of Contract Administrator was initially refused. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the regulations, specifically concerning the approval of the nomination. This clause requires that the nomination identified in the visa application is approved, was made by a person who was an approved work sponsor at the time of approval, and has not ceased.

The Tribunal found that the initial refusal of the nomination by the Department was subsequently set aside by the Tribunal in separate proceedings (AAT Case No. 2102280), and a new decision was substituted to approve the nomination on 31 August 2022. The Tribunal was also satisfied that Dimeo Cleaning Services (Aust) Pty Ltd was an approved standard business sponsor during the relevant period. Consequently, the Tribunal concluded that the applicant met the requirements of clause 482.212(1).

Given these findings, the Tribunal remitted the application for the Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with the direction that the applicant meets the criteria under clause 482.212(1) of Schedule 2 to the Regulations.