Thind (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for a cook. The applicant's employer, Verma Pty Ltd, had applied for approval to nominate the applicant. The primary dispute concerned whether the nomination requirement under clause 482.212(1) of the Migration Regulations 1994 was satisfied.

The Tribunal was required to determine if the nomination identified in the visa application had been approved, was made by an approved work sponsor at the time of approval, and had not ceased. The Tribunal also had to decide the appropriate course of action given its findings on the nomination criteria.

The Tribunal found that Verma Pty Ltd's application for approval to nominate the applicant was initially refused by a delegate of the Minister. However, following a review by the Tribunal, that decision was set aside and substituted with a decision approving the nomination on 4 October 2022. Departmental records confirmed that Verma Pty Ltd was an approved work sponsor until 26 April 2026 and that this approval had not ceased. Consequently, the Tribunal concluded that the requirements of clause 482.212(1) were met.

Given these findings, the Tribunal remitted the application for the Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant meets the requirement of clause 482.212(1). The Minister was to consider the remaining visa criteria.