Parmjit Kaur (Migration)

This matter concerned an application for review by Parmjit Kaur and two other applicants regarding the refusal of their Temporary Skill Shortage (Class GK) visas, Subclass 482 (Temporary Skill Shortage), Medium-term stream. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of the Migration Regulations 1994, specifically concerning the necessity of an approved nomination. The Tribunal also considered whether the secondary applicants met the requirements of clause 482.312, contingent on the primary applicant's eligibility.

The Tribunal reasoned that clause 482.212(1) mandates that the nomination accompanying the visa application must have been approved, made by an approved sponsor, and not have ceased. Evidence presented indicated that the nomination for the applicant for the position of Fibrous Plasterer by Singh’s Plastering Pty Ltd had not been approved. Consequently, the Tribunal found that the requirement for an approved nomination was not met. As the primary applicant did not satisfy the visa requirements, and was not a holder of a Subclass 457 or Subclass 482 visa, the Tribunal concluded that the secondary applicants also failed to meet the criteria under clause 482.312.

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