Saini (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) for a Cafe or Restaurant Manager. The applicant had ceased working for his sponsoring employer, and the Tribunal was required to determine whether the applicant met the relevant criteria for the visa.

The primary legal issues before the Tribunal were whether the applicant had substantially complied with the conditions of his previous visas, specifically a Subclass 457 visa, and whether he would be employed in the nominated occupation. Clause 482.211 of Schedule 2 to the Regulations requires substantial compliance with the conditions of the last substantive visa and any subsequent bridging visa. Clause 482.224 requires that the applicant be employed in the nominated occupation.

The Tribunal found that the applicant had not substantially complied with the conditions of his Subclass 457 visa. This visa, granted on the basis of sponsorship by Glameena Pty Ltd, was subject to a condition requiring the visa holder to work only for their sponsor in the nominated occupation and not to cease employment for more than 60 days. The applicant admitted to ceasing employment with Glameena Pty Ltd in November 2016, prior to the grant of his Subclass 457 visa, and remained without a sponsor for approximately 19 months. He also acknowledged that his sponsor's business had closed down and he had ceased work in the nominated occupation.

Consequently, as the applicant failed to meet the essential requirements for the visa, the Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas.