Sekhon (Migration)

The Administrative Appeals Tribunal considered an application for Temporary Skill Shortage (Class GK) visas, subclass 482, for three applicants. The primary applicant sought a visa for the occupation of Cafe or Restaurant Manager, and the other two applicants sought to be included as secondary applicants. The core of the dispute revolved around the approval of the nomination application associated with the primary applicant's proposed employment.

The legal issue before the Tribunal was whether the primary applicant satisfied 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 by a person who was an approved work sponsor at the time of approval and whose sponsorship has not ceased. Additionally, the Tribunal had to determine if the secondary applicants met the criteria for inclusion as family members or in their own right.

The Tribunal reasoned that the evidence before it indicated that the primary applicant was not the subject of an approved business nomination that had not ceased at the time of the Tribunal's decision. Consequently, the Tribunal found that the primary applicant failed to satisfy clause 482.212(1). Furthermore, the Tribunal determined that the secondary applicants did not meet the criteria to be members of the family unit of a primary applicant holding a subclass 482 or 457 visa, nor was there evidence they met the primary visa criteria independently.

Accordingly, the Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas to any of the applicants.