Nadimpally (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482 (medium-term stream), for the occupation of Engineering Technologist. The applicant and the nominator, Krueger Transport Pty Ltd, sought review of a decision to refuse the visa application. The Administrative Appeals Tribunal (the Tribunal) considered the matter.

The central legal issue before the Tribunal was whether the nomination, as identified in the visa application, had been approved in accordance with the requirements of clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination 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, Krueger Transport Pty Ltd, was an approved Standard Business Sponsor at the relevant time, and their sponsorship had been renewed. Crucially, the Tribunal found that a prior refusal of the nomination had been overturned on review by the Tribunal itself on 13 December 2023, resulting in the approval of the nomination. The Tribunal was satisfied that the nomination had been approved under section 140GB of the Migration Act 1958, made by an approved sponsor, and that its approval had not ceased.

Consequently, the Tribunal determined that the requirements of clause 482.212(1) were met. The Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 482.212 of Schedule 2 to the Regulations.