Muthukumarana (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for an Accountant (General). The primary applicant sought review of a decision concerning her visa application, and two other applicants applied as members of her family unit.

The central legal issue before the Tribunal was whether the requirement for an approved nomination, as stipulated by clause 482.212(1) of Schedule 2 to the Migration Regulations 1994, was met. This clause requires that the nomination identified in the visa application be approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal noted that at the time of the initial decision, the applicant was not the subject of an approved nomination. However, following a review of the nomination refusal by the Tribunal, the Department's decision was set aside, and a new decision was substituted to approve the nomination. The Tribunal was satisfied that the nominator, MPC Group Pty Ltd, was an approved work sponsor at the time of the nomination's approval and that this approval had not ceased. Consequently, the Tribunal found that clause 482.212(1) was met.

Given this finding, the Tribunal remitted the matter to the Minister for reconsideration of the remaining visa criteria for the primary applicant. The applications of the second and third named applicants, who applied as family members, were also remitted for reconsideration in conjunction with the primary applicant's application.