Rakesh Kumar (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa by Rakesh Kumar, the applicant, who was nominated by Ikonkar Satnaam Pty Ltd (the sponsor). The dispute before the Tribunal was whether the applicant met the requirement of having an approved nomination as stipulated by clause 482.212 of the Migration Regulations. The sponsor's application for approval as a work sponsor had been refused by the Department on 19 December 2018.

The Tribunal was required to determine if the applicant's nomination was approved, made by an approved sponsor at the time of approval, and had not ceased. The Tribunal had previously invited the sponsor to provide information regarding whether its restaurant was a limited service restaurant, a matter relevant to its sponsorship application. The sponsor failed to respond to this invitation, and consequently, the Tribunal affirmed the delegate's decision to refuse the sponsorship. Subsequently, the Tribunal invited the applicant to comment on these developments.

The Tribunal considered the applicant's submissions, including a request to write to the Minister recommending the exercise of ministerial discretion. The applicant highlighted his intention to study and work in Australia for over two years. However, the Tribunal found that the applicant had not provided sufficient information to justify ministerial intervention, deeming the circumstances not compelling or unique enough to warrant such a referral. The Tribunal noted that the applicant and his migration agent remained free to make such a request directly to the Minister.

Ultimately, the Tribunal affirmed the decision not to grant the applicant's visa, concluding that an essential requirement for the visa had not been met.