Melato (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482). The applicant's employer had applied for and received approval for a nomination for the applicant's position. The core dispute concerned whether the applicant had an approved nomination for a full-time position with the employer that remained available.

The Tribunal was required to determine if the applicant met the requirements of clause 482.212(1) of Schedule 2 to the Regulations, which stipulates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased. The Tribunal also needed to decide the appropriate course of action given its findings.

The Tribunal reasoned that the applicant's employer's nomination was approved on 9 February 2022, and the employer was an approved sponsor at that time. Consequently, the Tribunal found that the requirements of clause 482.212(1) were met. Given this finding, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant meets the criteria under clause 482.212 of Schedule 2 to the Regulations.