Singh (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for a Painting Trades Worker. The applicant sought review of a decision concerning their visa application. The Tribunal, constituted by K. Chapman, considered whether the applicant met the requirements of cl.482.212(1) of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant's nomination for the position of Painting Trades Worker by Cut and Roll Pty Ltd had been approved, made by an approved sponsor, and had not ceased. The Tribunal noted that the Department had initially refused the nomination, but the Tribunal itself had subsequently set aside that refusal and substituted a decision approving the nomination. The Tribunal was required to determine if this approved nomination met the criteria stipulated in cl.482.212(1).

The Tribunal reasoned that the nomination had been approved under s.140GB of the Act and reg.2.72 of the Regulations. It was satisfied that at the time of approval, the nominator was a standard business sponsor and that the nomination had not ceased. Consequently, the Tribunal found that the applicant met the requirements of cl.482.212(1). The Tribunal then remitted the application to the Minister for reconsideration of the remaining visa criteria, directing that the applicant had met the criterion under cl.482.212(1).