Navpreet Kaur (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for the position of Cook. The applicant sought review of a decision not to grant the visa. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirement for an approved nomination under clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved and made by an approved work sponsor, and that such approval must not have ceased.

The Tribunal found that the nominator, Mundy Gusto WA Pty Ltd, had its application for approval of a nomination refused by the delegate. While a review of this refusal was sought with the Tribunal, the nominator subsequently withdrew that review application, which was accepted by the Tribunal. Consequently, the Tribunal concluded that there was no approved nomination by Mundy Gusto WA Pty Ltd that pertained to the applicant. As this constituted an essential requirement for the visa, the Tribunal affirmed the decision not to grant the visa.