Shah (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) by the applicant, in relation to a nominated position. The dispute centred on whether the applicant met the requirements for the visa, specifically concerning the approval of the nominated position.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of cl 482.212(1) of Schedule 2 to the Regulations, which mandates that the nomination identified in the visa application must have been approved and not ceased. This required the Tribunal to consider a prior decision where the nomination application for the position of Technical Sales Representative nec had been refused by a delegate of the Minister, but subsequently set aside and approved by the Tribunal on review.

The Tribunal reasoned that because the nomination application had been reviewed and approved by the Tribunal, the requirement under cl 482.212(1) was met. The Tribunal was satisfied that the second applicant met the secondary requirements for the visa. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that the first applicant met the criterion specified in cl 482.212(1) and that the second applicant met the secondary requirements.