Tondas (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for the occupation of Chef. The applicant, Mr Tondas, had his nomination for the visa initially refused, leading to a merits review by the Tribunal. A second applicant applied as a member of Mr Tondas's family unit. The decision was made by Member Sheridan Aster of the Tribunal.

The primary legal issue before the Tribunal was whether the nomination made by Japanese Gourmet Ken Pty Ltd for Mr Tondas to work as a cook met the requirements of clause 482.212(1) of the Migration Regulations 1994. This clause stipulates that the nomination must have been approved, made by an approved work sponsor at the time of approval, and not have ceased.

The Tribunal reasoned that the nomination, initially refused by the delegate, was subsequently approved by the Tribunal on merits review on 13 June 2023. Furthermore, departmental records confirmed that Japanese Gourmet Ken Pty Ltd was an approved Standard Business Sponsor from 22 January 2022 to 22 January 2027, satisfying the requirement that the nominator was an approved sponsor. Consequently, the Tribunal found that the requirements of clause 482.212(1) were met.

The Tribunal decided to remit the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant meets the requirements of clause 482.212(1). The application of the second applicant, as a family unit member, will be determined based on the outcome of Mr Tondas's reconsidered application.