Naik (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Chef. The applicant's sponsorship nomination was initially approved by the Department of Home Affairs on 11 February 2020. The decision under review was made by the Tribunal, presided over by Warren Stooke AM.

The primary legal issue before the Tribunal was whether the applicant met the criteria for an approved nomination under clause 482.212(1) of the Regulations. This clause requires that a nomination identified in a visa application be approved, made by an approved work sponsor at the time of approval, and has not ceased. The Tribunal also considered whether the nominating sponsor, Sandringham Yacht Club Inc., was an approved standard business sponsor.

The Tribunal reasoned that the nominating sponsor had an approved Standard Business Sponsor notification valid until 7 April 2023. Furthermore, the Tribunal noted that the nomination for the applicant was approved in a substitute decision on 9 December 2021. Based on these findings, the Tribunal concluded that the requirements of clause 482.212(1) were met, and consequently, the secondary applicants, as members of the family unit, also met the required criteria.

Accordingly, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The remittal was with the direction that the first and second named applicants met the criteria under cl 482.212 and cl 482.311 of Schedule 2 to the Regulations.