Van Leerdam (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream, in the occupation of Electrical Engineer. The applicant was the visa holder, and the decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that a nomination identified in a visa application must have been approved by a person who was an approved work sponsor at the time of approval and has not ceased.

The Tribunal found that the nomination made by Van Leerdam Services Pty Ltd, the nominator, was approved on 18 September 2024. It was also established that the nominator was an approved work sponsor and that the nomination had not ceased. Consequently, the Tribunal concluded that the requirements of clause 482.212(1) were satisfied.

As a result of 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 criteria specified in clause 482.212(1). The Minister was to consider the remaining criteria for the visa.