Mamun (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 Sales and Marketing Manager. The applicant's employer, M H Affordable Homes Pty Ltd, had its nomination for the visa refused by a delegate of the Minister of Home Affairs on 9 February 2021. The employer subsequently applied for a review of this decision with the Tribunal. The Tribunal, constituted by Jade Murphy, was required to determine whether the position to which the visa application related was the subject of an approved nomination.

The Tribunal considered the requirements of clause 482.212(1) of Schedule 2 to the Regulations, which mandates that a nomination identified in a visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased. The Tribunal noted that the initial nomination lodged by M H Affordable Homes Pty Ltd had been refused. However, on 4 July 2024, the Tribunal set aside the delegate's decision and substituted a new decision approving the nomination.

Applying the law to the facts, the Tribunal found that as the nomination had now been approved, the requirement of clause 482.212(1) was met. Consequently, the Tribunal determined that the appropriate course of action was to remit the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with the direction that the first named applicant met the criteria under clause 482.212(1).