Murakami (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream, for the occupation of Massage Therapist. The applicant was Mr Murakami, and the nominator was Michael Ryan O’Connor. The decision was made by Amanda Mendes Da Costa, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 482.212(1) of Schedule 2 to the Regulations, which mandates 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 reasoned that the nominator had initially lodged a nomination application which was refused by a delegate of the Minister. However, the nominator subsequently applied to the Tribunal for a review of that decision. On 29 February 2024, the Tribunal set aside the delegate's refusal and substituted its own decision, approving the nomination. Consequently, the Tribunal was satisfied that the nomination met all the conditions stipulated in cl 482.212(1).

Given these findings, the Tribunal determined that the appropriate course of action was to remit the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with the direction that the applicant had met the criteria under cl 482.212(1) of Schedule 2 to the Regulations.