Seo (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream. The applicant's eligibility for the visa was contingent on an approved nomination for a position. The decision under review was made by the Administrative Appeals Tribunal.

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

The Tribunal found that the nomination by Konstruktion Pty Ltd had been approved by a separate Tribunal decision on 3 June 2024, which set aside a previous refusal and substituted an approval. Consequently, the Tribunal determined that the criterion under clause 482.212(1)(a) was satisfied.

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the first named applicant met the criterion specified in clause 482.212(1)(a). The Minister was to consider the remaining criteria for the visa.