Singh (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for a motor mechanic (general). The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant satisfied the requirements of clause 482.212 of Schedule 2 of the Migration Regulations 1994 (Cth).

The central legal issue was whether the nomination lodged in support of the visa application had been approved and remained valid at the relevant time. Clause 482.212(1) of the Migration Regulations mandates that the nomination identified in the visa application must have been approved by an approved work sponsor and must not have ceased.

The Tribunal found that the sponsoring employer had withdrawn the applicant's nomination on 17 November 2023. Consequently, the requirement under cl 482.212(1) that the nomination be approved and not have ceased was not met. As this constituted an essential requirement for the visa, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.