P & A Group Investments Pty Ltd (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Short-term stream, by a cook. The applicant's visa application was linked to a nomination made by P & A Group Investments Pty Ltd. The Administrative Appeals Tribunal, constituted by Member Mary Sheargold, was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. 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 not have ceased.

The Tribunal reasoned that the nominator's application for approval of the nomination was refused by the Department. Although the nominator sought review of this refusal, the Tribunal affirmed the delegate's decision. The applicant failed to respond to invitations to provide comments on this information. Consequently, as the nomination application had not been approved and could no longer be approved in relation to this visa application, the Tribunal concluded that the applicant did not meet the essential requirement of clause 482.212(1)(a). As this was a fundamental criterion for the visa, the Tribunal affirmed the decision not to grant the visa.