ONG (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482) by Ms Ma Vaneza Suiza Ong and Ms Judith De Ocampo Punzalan. The primary dispute revolved around the approval of the nomination for the occupation of Internal Auditor, which was initially refused by the Department. The Administrative Appeals Tribunal (AAT) was required to review both the nomination refusal and the visa applications.

The central legal issue before the Tribunal was whether the applicant, Ms Ong, met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of the nomination. The Tribunal also had to consider the application of Ms Punzalan, who applied as a member of Ms Ong's family unit.

The Tribunal reasoned that the requirement for an approved nomination under clause 482.212(1) was satisfied because the Tribunal had previously set aside the Department's refusal and substituted a decision to approve the nomination on 6 April 2023. Furthermore, the Tribunal was satisfied that the nominating employer, Sydney Waste Pty Ltd, was an approved sponsor at the time of nomination approval and that the approval had not ceased. Consequently, the Tribunal found that Ms Ong met the criteria under clause 482.212(1). The application of Ms Punzalan was to be determined by reference to the outcome of Ms Ong's application.

The Tribunal decided to remit the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that Ms Ong met the criteria under clause 482.212(1) of Schedule 2 to the Regulations.