Phelan (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, in the short-term stream, for the occupation of Finance Broker. The applicant's visa application had been refused following the refusal of a nomination by the employer, Auscred Pty Ltd. 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 relevant regulations. This clause mandates that the nomination identified in the visa application must be approved, and that the nominator must have been an approved work sponsor at the time of approval and that this approval has not ceased.

The Tribunal found that the nomination by Auscred Pty Ltd, initially refused by the Department, had subsequently been approved by the Tribunal on review. Furthermore, the Tribunal was satisfied that Auscred Pty Ltd was an approved standard business sponsor during the relevant period and that this approval had not ceased. Consequently, the Tribunal determined that the requirements of clause 482.212(1) were met.

Given these findings, the Tribunal 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).