Varas Elgueta (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for the occupation of internal auditor. The applicant, Varas Elgueta, sought review of a decision to refuse the visa. The core of the dispute revolved around whether the position nominated for the applicant was the subject of an approved nomination, as required by the Migration Regulations. The decision was made by Jade Murphy, a Member of the Tribunal.

The Tribunal was required to determine whether the nomination application associated with the visa application had been approved. Specifically, it needed to ascertain if the requirements of clause 482.212(1) of the Migration Regulations 1994 were met, which mandates that the nomination identified in the visa application must be approved, made by an approved sponsor, and not have ceased.

The Tribunal reasoned that the nomination lodged by Black and White Waiters Pty Ltd was refused by a delegate of the Minister of Home Affairs on 13 December 2021. Although an application for review of this refusal was lodged with the Tribunal, the Tribunal affirmed the Department's decision to refuse the nomination application on 15 August 2024. Consequently, the Tribunal found that the associated nomination remained refused. As the nomination was not approved, the essential requirement of clause 482.212(1) was not met, leading to the affirmation of the decision not to grant the visa.