Stapleton (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream, for the occupation of Customer Service Manager. The applicant, Stapleton, sought review of a decision concerning their visa application.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, as required by clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved by a person who was an approved work sponsor at the time of approval, and that such approval must not have ceased.

The Tribunal found that on 14 October 2022, following a hearing, it had set aside the previous decision not to approve the nomination and substituted a decision approving the nomination made by David Brown Property Services Pty Ltd. Consequently, the Tribunal determined that the nomination had been approved under section 140GB of the Migration Act 1958, and that the nominator was an approved work sponsor whose approval had not ceased. Having satisfied this criterion, the Tribunal remitted the matter to the Minister for reconsideration of the remaining visa criteria.