Viljoen (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, subclass 482, medium-term stream, for a Farmer (Mixed Livestock) and associated applicants. The applications were before the Administrative Appeals Tribunal, with Member Amanda Mendes Da Costa presiding. The core dispute revolved around whether the applicant met the requirements for an approved nomination under the relevant regulations.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the requirements of cl 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must be approved, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal reasoned that the nominator, NIEKERK HOLDINGS PTY LTD, had initially had its nomination application refused by a delegate of the Minister. However, following a review application lodged by the nominator, the Tribunal had, on 4 April 2024, set aside the delegate's decision and substituted its own decision, approving the nomination application. Consequently, the Tribunal found that the nomination met the criteria stipulated in cl 482.212(1). The Tribunal also found that the second, third, and fourth named applicants met the secondary requirements for the visas.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the applications for Temporary Skill Shortage (Class GK) visas to the Minister for reconsideration. The remittal was accompanied by a direction that the first named applicant met the criteria under cl 482.212(1), and that the other named applicants met the secondary requirements.