Ruznic (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream, for the nominated occupation of Chef. The primary applicant's nomination had initially been refused by the Department, but the Tribunal had subsequently set aside that decision and substituted an approval of the nomination. The other applicants sought the visa as members of the primary applicant's family unit.

The central legal issue before the Tribunal was whether the criterion in clause 482.212(1) of Schedule 2 to the Regulations had been met. This clause requires that the nomination identified in the visa application is approved, was made by a person who was an approved work sponsor at the time of approval, and has not ceased.

The Tribunal reasoned that as it had previously made a decision to approve the nomination, the criterion in clause 482.212(1) was satisfied. Given this finding, and that the other applicants' eligibility depended on the primary applicant meeting the primary criteria, the Tribunal determined that the appropriate course was to remit the applications to the Minister for reconsideration of the remaining visa criteria for all applicants. The Tribunal directed that the first named applicant met the criterion in clause 482.212(1).