Ong (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by K. Chapman, was required to determine whether the applicant met the visa requirements.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination associated with 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 also considered the implications for other named applicants if the primary applicant failed to meet the criteria.

The Tribunal found that it was not satisfied that there was an approved nomination for an occupation relating to the applicant, made by a standard business sponsor, which had not ceased. Consequently, the Tribunal concluded that the requirements of clause 482.212(1) were not met. As the applicant had not satisfied the criteria for the Subclass 482 visa and was not the holder of a Subclass 457 or Subclass 482 visa, the Tribunal also found that the second and third named applicants did not satisfy the requirements of clause 482.312. The Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas to the applicants.