Pham (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for an Accountant (General) position. The applicant’s employer, Simba Pty Ltd atf Simba Unit Trust, had its nomination for this position initially refused by the Department. The applicant sought review of this refusal before the Tribunal, presided over by Member Mary Sheargold.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 482.212(1) of Schedule 2 to the Regulations. This clause 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 considered the evidence, including the Departmental file, and found that the applicant's employer's nomination had been approved by the Tribunal on 18 August 2022, setting aside the Department's earlier refusal. The Tribunal was satisfied that the nominator, Simba Pty Ltd atf Simba Unit Trust, was an approved standard business sponsor until 15 June 2027, and that the nomination had not ceased. Consequently, the Tribunal concluded that the requirements of cl 482.212(1) were met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the application for the Temporary Skill Shortage (Class GK) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in cl 482.212(1) of Schedule 2 to the Regulations.