Tomiska (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – medium-term stream. The decision under review was made by the Administrative Appeals Tribunal, with Member C. Packer presiding.

The primary legal issue before the Tribunal was whether the applicant met the requirement for an approved nomination under clause 482.212(1) of Schedule 2 to the Migration Regulations. This clause stipulates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal found that the nomination by Perfect Contracting Pty Ltd had been approved on 30 May 2023, following a review that set aside a previous decision not to approve it. Consequently, the Tribunal determined that the requirement of clause 482.212(1)(a) was satisfied.

Given this finding, the Tribunal decided that the appropriate course of action was to remit the application to the Minister for reconsideration, with a direction that the applicant meets the criterion specified in clause 482.212(1)(a). The Minister is to consider the remaining criteria for the visa.