Pardo Cortes (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for an occupation in painting trades. The applicant's nomination had initially been refused, but the Tribunal was asked to review this decision. The Tribunal considered the claims and evidence presented by the parties.

The primary legal issue before the Tribunal was whether the nomination identified in the visa application had been approved under section 140GB of the Migration Act 1958 (Cth). This required consideration of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994 (Cth), which stipulates that an approved nomination must have been made by an approved work sponsor and must not have ceased. Additionally, the Tribunal had to determine if the secondary applicants met the criteria under clause 482.312, which requires them to be a member of the family unit of a primary applicant who holds or is eligible for a Subclass 482 visa.

The Tribunal reasoned that on 24 November 2023, it had made a decision to set aside the refusal to approve the nomination and substituted a decision approving the nomination. Consequently, the Tribunal found that the primary visa applicant was now the subject of an approved nomination, thereby satisfying the requirements of clause 482.212(1). Given that the primary applicant was now eligible for a Subclass 482 visa, the Tribunal concluded that the secondary applicants, as members of the family unit, also met the relevant criteria.

Accordingly, the Tribunal remitted the applications for the Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The Tribunal directed that the first named applicant met the criteria under clause 482.212(1), and the second and third named applicants met the criteria under clause 482.312, for the purpose of further consideration of the remaining visa criteria.