Sandhu (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr. Sandhu concerning a decision to refuse a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Short-term stream). The applicant's employer, Angad Transport Pty Ltd, had also sought review of the Department's refusal of its nomination application for the occupation of Transport Company Manager.

The primary legal issue before the Tribunal was whether the applicant met the requirement for an approved nomination under clause 482.212(1) of the Migration Regulations. This clause mandates that the nomination identified in the visa application must have been approved by a person who was an approved work sponsor at the time of approval and whose approval has not ceased.

The Tribunal reasoned that while the Department had initially refused the nomination application, Angad Transport Pty Ltd subsequently applied for review of that decision. On 2 November 2023, the Tribunal set aside the primary decision and substituted it with a decision approving the nomination. The Tribunal was satisfied that Angad Transport Pty Ltd was an approved work sponsor and that the approval of the nomination had not ceased. Accordingly, the Tribunal found that the cumulative requirements of clause 482.212(1) were met.

Given these findings, the Tribunal remitted the application for the Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 482.212(1) of Schedule 2 to the Regulations.