Matthews (Migration)

[2025] ARTA 2145

MATTHEWS (MIGRATION) [2025] ARTA 2145 (23 JUNE 2025)

DECISION AND  

REASONS FOR DECISION

Applicant:Mr Aaron Matthews

Respondent:  Minister for Immigration and Citizenship

Tribunal Number:  2309776

Tribunal:General Member P Emmerton

Place:Adelaide

Date:  23 June 2025

Decision:The Tribunal sets aside the decision under review and remits the application for a Temporary Skill Shortage (Class GK) visa for reconsideration, in accordance with the order that the applicant meets the following criteria:

· cl 482.212 of Schedule 2 to the Regulations

Statement made on 23 June 2025 at 10:07am

CATCHWORDS

MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – Short-term stream – occupation of Advertising Specialist – nomination approved upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 140
Migration Regulations 1994, Schedule 2, cl 482.212; r 2.75

STATEMENT OF REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister on 15 June 2023 to refuse to grant the visa applicant a GK – Temporary Skill Shortage (Class GK) Subclass 482 visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The visa applicant applied for the visa on 11 May 2023. At that time, Class GK contained one subclass: Subclass 482 (Temporary Skill Shortage). The criteria for a Subclass 482 visa are set out in Part 482 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). Applicants seeking to satisfy the primary criteria for the visa must meet the ‘Common criteria’ and the criteria of one of three alternative streams: the Short-term stream, the Medium-term stream, or the Labour Agreement stream. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. In this case, the applicant is seeking the visa in the Short-Term stream to work in the nominated occupation of Advertising Specialist, ANZSCO 225111.

3. The delegate in this case refused to grant the visa on the basis that the visa applicant did not satisfy the requirements of cl 482.212 of Schedule 2 to the Regulations because the prospective sponsoring employer, Creative Fix Audio Pty Ltd, did not have an approved nomination in place for them.

4. The applicant was represented in relation to the review.

5. For the following reasons, the Tribunal has concluded that the decision under review should be set aside, and the matter be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. The relevant issue in the present case is whether the nomination associated with the visa under review has been approved.

7. The Tribunal has read and carefully considered all the evidence presented to the Department and to the delegate.

8. The Tribunal has read and carefully considered all the evidence presented to it prior to this decision including the approved nomination notification from the Department dated 19 June 2025.

   Requirement for an approved nomination

9. Clause 482.212(1) 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.

10. At the time of approval, the nominator Creative Fix Audio Pty Ltd was an approved Standard Business Sponsor, (SBS).

11. On 11 May 2023 the nominator, Creative Fix Audio Pty Ltd applied to sponsor the visa applicant for a Temporary Skill Shortage Subclass 482 Visa.

12. On 16 May 2023 the nominator’s application was refused.

13. Both the nominator and the visa applicant separately applied to the Administrative Appeals Tribunal, (AAT) to review the decisions.

14. On 11 June 2025 the Administrative Review Tribunal, (ART) remitted the delegate’s decision and approved the nomination related to this visa.

15. On 19 June 2025 the nomination was approved by the Department delegate. A copy of the document has been viewed by the Tribunal.

16. The Tribunal is satisfied that each of the following applies:

    (a)  the nomination identified in the application has been approved under section 140GB of the Act;

    (b)  the person who made the nomination was an approved work sponsor at the time the nomination was approved; and

    (c)  the approval of the nomination has not ceased under regulation 2.75.

17. For these reasons the requirements of cl 482.212(1) are met as subsequently is 482.212.

18. Given these findings, the appropriate course is to remit the matter to the Minister to consider the remaining criteria for the visa.

    DECISION

19. The Tribunal sets aside the decision under review and remits the application for a Temporary Skill Shortage (Class GK) visa for reconsideration, in accordance with the order that the applicant meets the following criteria:

    · cl 482.212 of Schedule 2 to the Regulations

    Representative for the Applicant:           Mr Scott Walker (MARN: 1067594)