Nelson (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream, made by Mr. Nelson, and a related application by Mrs. Nelson as a member of the family unit. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Nelson met the criteria set out in clause 482.212(1) of Schedule 2 to the Regulations, which pertains to the requirement for an approved nomination. This clause 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 must not have ceased.

The Tribunal found that the nomination, approved on 15 March 2024 by Stonebridge Commercial Solutions Ltd, met the requirements of clause 482.212(1). It was established that Stonebridge Commercial Solutions Ltd was an approved sponsor at the time of the nomination's approval, and the nomination had not ceased. Consequently, the Tribunal concluded that Mr. Nelson met this specific criterion. As Mrs. Nelson's application was refused as a member of the family unit of the primary applicant, the Tribunal recommended her application be reconsidered alongside Mr. Nelson's. The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first named applicant, Mr. Nelson, met the criteria under clause 482.212(1).