SHAHI (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa. The applicant, Ms Asmita Shahi, sought judicial review of a decision concerning her eligibility for the visa. The Tribunal, presided over by Deputy President J.L. Redfern PSM, was tasked with determining whether Ms Shahi met specific criteria under Schedule 2 of the Regulations.

The primary legal issue before the Tribunal was whether Ms Shahi satisfied the requirements of clause 482.212(1) and clause 482.212(2) of Schedule 2 to the Regulations. Clause 482.212(1) pertains to the approval of the nomination, the status of the nominator as an approved work sponsor at the time of approval, and whether the nomination had ceased. Clause 482.212(2) requires that the applicant's intention to perform the nominated occupation and the genuineness of the associated position are satisfied.

The Tribunal found that Ms Shahi met the requirements of clause 482.212(1), noting that the nomination was approved and made by an approved sponsor. Furthermore, based on evidence provided by the general manager of C&G, Mr Kumar Shrestha, and Ms Shahi herself, and in light of previous findings in a related matter, the Tribunal was satisfied that Ms Shahi also met the requirements of clause 482.212(2), confirming both her genuine intention and the genuineness of the nominated position. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that the primary applicant, Ms Shahi, meets clauses 482.212(1) and (2), and that the secondary applicant's application should also be reconsidered in light of this outcome.