Thakur (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for an applicant whose nominated occupation was Café or Restaurant Manager. The dispute arose because the nomination for the applicant's position was not approved.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nomination identified in the visa application was approved and if it was made by an approved work sponsor at the time of approval, and had not ceased.

The Tribunal reasoned that the nominator, PEEHU PTY LTD, had its application for the nominated position refused by a delegate of the Minister. Although the nominator sought a review of this decision with the Tribunal, that application was subsequently withdrawn. Consequently, the nomination was not approved, meaning the position specified in the visa application was not the subject of an approved nomination. As this constituted a failure to meet an essential requirement for the visa, the Tribunal affirmed the decision not to grant the visa.