Tan (Migration)

The Administrative Appeals Tribunal considered the case of Mr Tan and other applicants concerning their applications for a Temporary Skill Shortage (Class GK) visa, short-term stream. The core dispute revolved around whether the applicants met the requirements for the visa, specifically concerning an approved position nomination.

The Tribunal was required to determine if the applicants satisfied clause 482.212(1) of the Migration Regulations, which mandates that the nomination identified in the visa application must have been approved, made by an approved sponsor, and not have ceased. A key issue was whether it was reasonable for the Tribunal to proceed with the hearing without further substantive response from the applicants or their representatives, despite a change in representation and a request for postponement.

The Tribunal reasoned that a crucial requirement for the visa, namely an approved nomination, was not met. This conclusion was reached after considering correspondence regarding the applicants' migration agent's lapsed registration and subsequent appointment of a new representative. The Tribunal had invited the applicants to appear and provide comments, but received no substantive response. While the Tribunal did reschedule the hearing once to accommodate the new representative's travel plans, it ultimately found it unreasonable to postpone further, especially given the lack of a substantive response to its invitation to comment. The Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas.