Pirvu (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream. The applicant, Mr. Pirvu, sought review of a decision not to grant him this visa. The central dispute concerned whether the applicant was the subject of an approved nomination as required by the relevant legislative instrument.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether there was an approved nomination that had not ceased. This involved assessing whether the nomination identified in the visa application was approved and whether the nominator was an approved work sponsor at the time of approval. The Tribunal also considered whether to grant an indefinite adjournment of the decision-making process, which it declined.

The Tribunal reasoned that clause 482.212(1) of the Migration Regulations 1994 mandates that a nomination must be approved and that the nominator must have been an approved work sponsor at the time of approval, and that the approval must not have ceased. Based on the evidence before it, the Tribunal was not satisfied that an approved nomination existed at the time of its decision. As this was an essential requirement for the visa, the Tribunal concluded that the applicant had failed to meet the criteria. Consequently, the Tribunal affirmed the original decision to refuse the visa.