Mohammed (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for a cook. The applicant's prospective employer was Shassans Pty Ltd. The Administrative Appeals Tribunal, constituted by Jade Murphy, was required to determine whether the decision to refuse the visa application should be affirmed.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination that had not ceased or been withdrawn, as required by clause 482.212(1) of the Migration Regulations. The delegate had refused the application on the basis that Shassans Pty Ltd did not have an approved nomination in place for the applicant.

The Tribunal noted that the applicant had been invited to comment on the delegate's concerns but had not provided any response within the prescribed timeframe. Consequently, the delegate found that the applicant was not the subject of an approved nomination. The Tribunal, having received no further submissions or information from the applicant on review, found that there was no evidence demonstrating an approved nomination that had not ceased or been withdrawn. Therefore, the Tribunal concluded that the essential requirement of clause 482.212(1) was not met.

The Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.