Parul (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, specifically the short-term stream for a Café or Restaurant Manager. The applicant sought review of a decision concerning an approved nomination. The decision was made by Alan McMurran, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the nomination identified in the visa application had been approved in accordance with section 140GB of the Migration Act 1958 (Cth) and clause 482.212(1) of Schedule 2 to the Migration Regulations 1994 (Cth). This clause requires that the nominated position be approved, and that the nominator was an approved work sponsor at the time of approval and has not ceased to be one. A secondary issue concerned whether the secondary applicant, Mr Sharandeep Singh, was a member of the family unit of the primary applicant, as required by regulation 482.312.

The Tribunal found that the nomination identified in the visa application was indeed approved, and that the nominator met the requirements of being an approved work sponsor at the relevant time. The Tribunal also found that the secondary applicant was a member of the family unit of the primary applicant. Consequently, the Tribunal determined that the appropriate course was to remit the applications for both the primary and secondary applicants to the Minister for reconsideration, with directions that the specified criteria for each applicant had been met.