Pazhayapattillath (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the medium-term stream, for the occupation of Accountant (General). The applicant’s visa application had been refused by the Department because the nomination lodged by the employer, Tinson Investments Pty Ltd, was not approved. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the regulations, which mandates that the nomination identified in the visa application must be approved, made by an approved work sponsor at the time of approval, and must not have ceased. The Tribunal was required to determine if these conditions were satisfied, given that the initial refusal of the nomination had been subsequently overturned on review.

The Tribunal reasoned that the initial refusal of the nomination by the Department on 12 September 2019 had been set aside by the Tribunal itself in separate proceedings (AAT Case No.1926942) on 28 March 2022, with a new decision to approve the nomination being substituted. This meant that the applicant now satisfied clause 482.212(1)(a). Furthermore, the Tribunal was satisfied that Tinson Investments Pty Ltd was an approved standard business sponsor from 9 September 2019 to 9 September 2024, thus meeting the requirement of being an approved work sponsor at the time of nomination approval and that the nomination had not ceased.

Consequently, the Tribunal found that the applicant met the requirements of clause 482.212(1) as a whole. The Tribunal therefore remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 482.212(1) of Schedule 2 to the Regulations.