Thind (Migration)

In the matter of Thind (Migration), the Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Chef. The applicant's employer, Sabari Saravanaa Bavan Pty Ltd, had initially had its nomination for this position refused by the Department.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the Regulations, which pertains to the approval of a nomination for the visa. This clause requires that the nomination identified in the visa application be approved, made by an approved sponsor, and not have ceased.

The Tribunal found that the applicant's employer's nomination, which had been refused by the Department, was subsequently approved by the Tribunal on review on 26 November 2021. The Tribunal was satisfied that the nominator, Sabari Saravanaa Bavan Pty Ltd, was an approved standard business sponsor until 16 May 2023, and that the nomination had not ceased. Consequently, the Tribunal determined that the requirements of clause 482.212(1) were met.

Given these findings, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with the direction that the applicant had met the criteria under clause 482.212(1).