Matanguihan (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, short-term stream, for a Café or Restaurant Manager. The applicant, Mr Matanguihan, sought review of a decision by the Department of Home Affairs to refuse his visa application. The review was heard by the Administrative Appeals Tribunal, with Member Susan Hoffman presiding.

The primary legal issue before the Tribunal was whether an approved nomination was in place for Mr Matanguihan, as required by clause 482.212(1) of Schedule 2 to the Migration Regulations. This clause 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 nomination application had initially been refused by a delegate of the Minister.

The Tribunal found that the nomination application, lodged by CVN Pty Ltd on behalf of Mr Matanguihan, met the requirements of clause 482.212(1). The Tribunal was satisfied that CVN Pty Ltd was an approved work sponsor at the time the nomination was made and remained a standard business sponsor. Furthermore, based on submissions and evidence presented during the review of the refusal decision, the Tribunal concluded that the nomination had not been withdrawn and that Mr Matanguihan was a valued employee. Consequently, the Tribunal set aside the refusal decision and substituted a decision approving the nomination.

The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with the direction that Mr Matanguihan met the criteria under clause 482.212(1). The Minister was to consider the remaining visa criteria in relation to all applicants.