Sidhu (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482) in the medium-term stream, specifically for a Painting Trades Worker. The applicant was the primary visa holder, and the second applicant was a member of the family unit. The dispute before the Tribunal was whether the primary applicant met the requirements of clause 482.212(1) of Schedule 2 to the Regulations, which pertains to the approval of a nomination.

The central legal issue before the Tribunal was to determine if the nomination made by the employer, Real Shade Painters Pty Ltd, for the primary applicant was approved and had not ceased, as required by cl.482.212(1). The Tribunal also considered the implications of its findings on the visa application of the second applicant, who was a member of the family unit.

The Tribunal reasoned that although the initial nomination application was refused by a delegate of the Minister, the nominator had successfully sought a review of that decision. On 1 June 2022, the Tribunal set aside the delegate's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal was satisfied that the nomination met the requirements of cl.482.212(1). Based on this finding, the Tribunal determined that the primary applicant met the primary criteria for the visa.

The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The remittal was accompanied by a direction that the primary applicant met the criteria under cl.482.212(1). Furthermore, the Tribunal directed that the application of the second applicant, as a member of the family unit, should be reconsidered on the basis that the primary applicant met the relevant visa criteria.