Sarkis (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482 (Temporary Skill Shortage) visa, medium-term stream, for the nominated occupation of Stonemason. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's nomination for the visa met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal found that while the initial nomination application was refused by the Department, the Tribunal itself had subsequently set aside that refusal and substituted a decision to approve the nomination on 16 March 2022. Consequently, the Tribunal was satisfied that the criterion in clause 482.212(1) was met. The Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant meets this specific criterion.