Mayandy (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482). The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved sponsor at the time of approval, and must not have ceased.

The Tribunal found that, based on the evidence before it, the applicant was not the subject of an approved business nomination that had not ceased, nor was there an approved nomination of an occupation in relation to the applicant that had not ceased. Consequently, the Tribunal concluded that the applicant did not satisfy clause 482.212(1). The Tribunal affirmed the original decision not to grant the Temporary Skill Shortage (Class GK) visa.