Shujah (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (subclass 482) in the medium-term stream. The applicant, Shujah, sought review of a decision by the Tribunal concerning a nomination application made by Kitchen Food Company Pty Ltd ATF Kitchen Food Company Unit Trust for the position of Accountant (General). The Tribunal, constituted by Member Amanda Mendes Da Costa, was required to determine whether the applicant met the criteria for the visa, specifically cl 482.212(1) of Schedule 2 to the Regulations, which pertains to the approval of the nominated position.

The central legal issue before the Tribunal was whether the nomination for the Accountant (General) position had been approved in accordance with the regulations. The Tribunal noted that a delegate of the Minister had initially refused the nomination application. However, the nominator had sought review of this decision, and on 9 September 2024, the Tribunal had set aside the delegate's refusal and substituted its own decision, approving the nomination.

The Tribunal reasoned that because the nomination application had been approved on review, and the nominator was an approved work sponsor at the time of approval and the nomination had not ceased, the requirements of cl 482.212(1) were met. Consequently, the Tribunal found that the first named applicant met this criterion. The Tribunal also found that the second named applicant met the secondary requirements for the grant of the visa.

Accordingly, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with the direction that the first named applicant met criterion cl 482.212(1), and that the second named applicant's application should be reconsidered on the basis that she met the secondary requirements.