Stancliffe (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the short-term stream. The applicant's employer, Campaigntrack Pty Ltd, had initially had its nomination for the occupation of Technical Sales Representative refused by the Department. The applicant sought review of the visa refusal by the Tribunal, and Campaigntrack Pty Ltd also sought review of the nomination refusal.

The primary legal issue before the Tribunal was whether the applicant met the requirement for an approved nomination under clause 482.212(1) of the Regulations. This clause mandates that the nomination identified in the visa application must have been approved and made by a person who was an approved work sponsor at the time of approval and has not ceased to be one. The Tribunal also considered whether a hearing was necessary, pursuant to section 360(2)(a) of the Act, to determine the application.

The Tribunal reasoned that while the initial nomination was refused, Campaigntrack Pty Ltd had subsequently applied for and obtained review of that refusal. On 12 September 2023, the Tribunal set aside the primary decision and substituted it with a decision approving the nomination. Furthermore, Campaigntrack Pty Ltd was confirmed to be an approved work sponsor with accreditation until 8 July 2026. Consequently, the Tribunal found that the cumulative requirements of clause 482.212(1) were now met.

Given these findings, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet the criteria under clause 482.212(1) of Schedule 2 to the Regulations.