Prabhjot Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) by Prabhjot Kaur. The dispute concerned whether the applicant was the subject of an approved nomination by a sponsor, a prerequisite for the visa. The Tribunal was tasked with determining if the applicant met the criteria for the visa, specifically regarding the approved nomination.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination under section 140GB of the Migration Act 1958 (Cth) and clause 482.212(1) of the Migration Regulations 1994 (Cth). This clause requires that the nomination identified in the visa application be approved, made by an approved sponsor, and not have ceased. The Tribunal also considered clause 482.312, which requires that secondary applicants be members of the primary applicant's family unit, contingent on the primary applicant meeting the visa criteria.

The Tribunal reasoned that the Department of Home Affairs had informed the applicant that her prospective employer did not have an approved nomination for her at that time, and the applicant failed to respond to this notification. Furthermore, a separate Tribunal decision had affirmed the Department's refusal of the nomination application. Despite this, the applicant proceeded with the visa review application. The Tribunal invited the applicant to provide further information but received no substantive response, leading to the loss of her right to a hearing. Based on the available information from the Department, the Tribunal found that the applicant was not the subject of an approved nomination, and therefore, the essential requirement of clause 482.212(1) was not met. Consequently, the secondary applicants, while found to be family members, could not satisfy clause 482.312 as the primary applicant had not met the primary visa criteria.

The Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas to the applicants.