Uzun (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for a Wall and Floor Tiler. The applicant sought review of a decision concerning their visa application, which involved an approved standard business sponsor and an approved nomination.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination, as required by clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved by a person who was an approved work sponsor at the time of approval, and that such approval must not have ceased.

The Tribunal found that on 11 October 2022, it had set aside the previous decision not to approve the nomination and substituted a decision approving it. Consequently, the Tribunal determined that the nomination identified in the application had been approved under section 140GB of the Migration Act 1958. Furthermore, the Tribunal was satisfied that the nominator was an approved work sponsor at the time of approval and that the nomination's approval had not ceased under regulation 2.75. Having met the criteria of clause 482.212(1), the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.