Parmar (Migration)

The Administrative Appeals Tribunal, constituted by Member Angela Julian-Armitage, considered an application for a Temporary Skill Shortage (Class GK) visa (subclass 482) in the short-term stream. The applicant sought this visa for the position of a cook, which was the subject of an approved position nomination. However, the delegate's decision to refuse the related nomination application had been affirmed on review by the Tribunal.

The central legal issue before the Tribunal was whether the visa application was supported by an approved nomination for the position the applicant intended to fill. Specifically, the Tribunal had to determine if the requirements of clause 482.212(1) of the Migration Regulations 1994 were met, which mandates that the nomination identified in the visa application must have been approved and made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal reasoned that it had previously affirmed the delegate’s decision to not approve the subject nomination on 2 May 2024. Consequently, the essential requirement stipulated in clause 482.212(1) was not satisfied. As this was a fundamental prerequisite for the grant of the Temporary Skill Shortage visa, the Tribunal concluded that the decision under review, which refused the visa, must be affirmed. The Tribunal therefore affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.