Nuyandoa (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) – Short-term stream, brought by Gaitree Nuyandoa (the applicant) and a secondary applicant. The prospective sponsoring employer was Shashi Beauty Salon Pty Ltd. The applicant appeared before the Tribunal to present arguments regarding the refusal of the visa application.

The primary legal issue before the Tribunal was whether the applicant’s nomination for the position of Hairdresser had been approved pursuant to cl.482.212 of the Migration Regulations. Additionally, the Tribunal considered whether the secondary applicant met the requirements of cl. 482.312, which pertains to family unit members of a primary applicant holding a relevant visa.

The Tribunal noted that cl.482.212 requires, among other things, that the nomination identified in the application has been approved under s.140GB of the Act. The evidence before the Tribunal indicated that on 8 April 2020, the nomination made by Shashi Beauty Salon Pty Ltd for the Hairdresser position, with the applicant as the nominee, was refused. Consequently, the applicant was not the subject of an approved nomination. The Tribunal also found that the secondary applicant did not meet cl.482.312 as the primary applicant did not hold a Subclass 457 or Subclass 482 visa.

As the applicant failed to meet the essential requirement of an approved nomination under cl.482.212, and the secondary applicant failed to meet cl.482.312, the Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas to the applicants.