Seol (Migration)

The Administrative Appeals Tribunal considered an application concerning a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Wall and Floor Tiler. The dispute centred on the approval of the visa applicant's nomination.

The primary legal issue before the Tribunal was whether the nomination, as identified in the visa application, had been approved in accordance with the requirements of clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination must have been approved, made by an approved work sponsor at the time of approval, and that such approval must not have ceased.

The Tribunal found that the nominator, KB Service Tiling Pty Ltd, was an approved Standard Business Sponsor at the relevant time and that their sponsorship remained valid. Crucially, the Tribunal overturned a previous delegate's refusal and, on 16 January 2024, approved the nomination. The Tribunal was satisfied that the nomination had been approved under section 140GB of the Migration Act 1958, that the nominator was an approved sponsor at the time of approval, and that the approval had not ceased. Consequently, the Tribunal determined that the requirements of clause 482.212(1) were met.

Given these findings, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first named applicant met the criteria under clause 482.212 of Schedule 2 to the Regulations.