Singh (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for an accountant. The applicant sought review of a decision concerning their visa application. The decision under review was made by the Tribunal, presided over by Member C. Packer.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal found that the nominator, Integrated Protective Services Pty Ltd, met the requirements for approval of the nomination for the position in Australia, as determined in a previous Tribunal case. Consequently, the Tribunal set aside the delegate's decision to refuse the nomination application and substituted a decision approving the nomination. Having satisfied this criterion, the Tribunal determined that the appropriate course was to remit the application to the Minister for reconsideration of the remaining visa criteria.