SIENI (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the medium-term stream, for the occupation of External Auditor. The applicant's employer, Accounts By Design Pty Ltd, had its nomination for the position initially refused by the Department. The applicant sought review of this refusal. The Tribunal, constituted by Mary Sheargold, was required to determine whether the applicant met the requirements of clause 482.212(1) of the Migration Regulations 1994.

The central legal issue was whether the nomination identified in the visa application had been approved, was made by an approved sponsor, and had not ceased. The Tribunal considered the evidence, including the Departmental file, and noted that the nominator had sought review of the initial refusal. On review, the Tribunal had previously set aside the Department's refusal and substituted a decision to approve the nomination.

The Tribunal reasoned that, based on its prior decision to approve the nomination, the requirements of clause 482.212(1) were satisfied. Specifically, the Tribunal was satisfied that the nomination was approved, was made by Accounts By Design Pty Ltd (an approved standard business sponsor until 2 August 2024), and had not ceased. Consequently, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the criteria under clause 482.212(1).