Micozzi (Migration)

This matter concerned an application for a Temporary Skill Shortage (Provisional) (Class GK) visa, Subclass 482, specifically within the medium-term stream, for the occupation of Carpenter. The applicant sought review of a decision that had not approved their nomination. The decision was made by Alan McMurran, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the visa. This required the Tribunal to consider the requirements of clause 482.212(1) of 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 that such approval must not have ceased.

The Tribunal found that the nomination had indeed been approved following a hearing on 12 July 2022, when the previous decision to not approve it was set aside and substituted with an approval. The Tribunal was satisfied that the nominator was an approved work sponsor at the time of approval and that this approval had not ceased. Having met the criteria under clause 482.212(1), the Tribunal determined that the appropriate course of action was to remit the application to the Minister for reconsideration of the remaining visa criteria.