SHEN (Migration)

This matter concerned an appeal by Ms Shen against the refusal of her Temporary Skill Shortage (Class GK) visa (Subclass 482), short-term stream, for the position of Restaurant Manager. The visa application was based on a nomination by Red Chilli Dixon Pty Ltd. The Department had refused this nomination on 6 January 2020.

The Tribunal was required to determine whether the nomination identified in Ms Shen's visa application met the requirements of clause 482.212(1) of the Migration Regulations 1994. Specifically, the Tribunal had to consider if the nomination was approved, made by an approved sponsor, and had not ceased.

The Tribunal found that the nomination by Red Chilli Dixon Pty Ltd was refused by the Department and that the company was subsequently deregistered. As a consequence of the company's deregistration, the Tribunal determined it did not have jurisdiction to review the refusal of the nomination application. Therefore, the nomination was not approved. The Tribunal noted that Ms Shen had a new offer of employment from Fook Sing United Pty Ltd, which had submitted a pending nomination application, but this did not alter the status of the original nomination.

As the essential requirement that the nomination identified in the visa application be approved was not met, the Tribunal affirmed the decision under review not to grant Ms Shen the Temporary Skill Shortage (Class GK) visa.