Steffen (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for a Painting Trades Worker. The applicant sought review of a decision concerning their visa application, which involved an approved nomination by a sponsoring entity. The decision was made by the Tribunal.

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

The Tribunal found that the nomination of the sponsoring entity had indeed been approved on 4 November 2022, thereby satisfying the requirements of clause 482.212(1). Consequently, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant and the secondary applicant, Luana Facchinetti Steffen, be considered to meet the criteria under clause 482.212(1).