Sharma (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for the occupation of Café or Restaurant Manager. The applicant, Mr. Sharma, sought review of a decision that refused his visa application. The central dispute concerned whether the position for which the visa was sought had an approved nomination.

The primary legal issue before the Tribunal was whether the nomination lodged in support of Mr. Sharma's visa application met the requirements of clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal reasoned that the nomination lodged by Sia Sharma Pty Ltd was refused by a delegate of the Minister of Home Affairs on 8 December 2021. Although Sia Sharma Pty Ltd applied for a review of this refusal with the Tribunal, the Tribunal affirmed the delegate's decision on 14 March 2024. Consequently, the Tribunal found that the nomination remained refused. As an approved nomination is an essential requirement for the visa, and this requirement was not met, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.