Song (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, in the occupation of Chef. The applicant and their nominator, Sushi Junction Mosman Pty Ltd, sought review of a decision to refuse the visa. The central dispute revolved around the approval of the visa nomination.

The primary legal issue before the Tribunal was whether the nomination, as required by clause 482.212(1) of the Migration Regulations, had been approved. 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 not have ceased.

The Tribunal found that while the nominator, Sushi Junction Mosman Pty Ltd, was an approved Standard Business Sponsor, their initial application to sponsor the visa applicant had been refused. However, on review, the Tribunal overturned the delegate's decision and approved the nomination on 18 December 2023. The Tribunal was satisfied that the nomination had been approved under section 140GB of the Migration Act, that the nominator was an approved work sponsor at that time, and that the approval had not ceased. Consequently, the Tribunal directed that the matter be remitted to the Minister for reconsideration of the remaining visa criteria.