Oza (Migration)

The Administrative Appeals Tribunal considered the application of Mrs Zankhana Jayesh Oza and her accompanying family members for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream, for the occupation of Accountant (General). The primary dispute concerned whether the applicant met the requirements for the visa, specifically in relation to an approved nomination.

The legal issue before the Tribunal was whether the applicant satisfied the criteria under clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause requires that the nomination identified in the visa application must have been approved by an approved work sponsor and must not have ceased. The Tribunal also considered the criteria for secondary applicants under clause 482.312, which requires them to be a member of the family unit of a primary applicant who holds a Subclass 482 visa granted on the basis of satisfying the primary criteria.

The Tribunal reasoned that on 4 March 2024, it had affirmed a decision refusing the approval of the nomination made by Fidan Holdings Pty Ltd in respect of the applicant. As the nomination had been refused, the applicant was not the subject of an approved nomination, and therefore did not meet the requirements of clause 482.212(1). The Tribunal also noted that it had provided the applicants with an opportunity to comment on this information pursuant to section 359A of the Migration Act 1958. Since the primary applicant did not meet the essential criterion of an approved nomination, the secondary applicants, as members of her family unit, could not satisfy the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants Temporary Skill Shortage (Class GK) visas.