Walsh (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, subclass 482, made by two applicants. The primary applicant’s employer, Hydraulink Pty Ltd, had its nomination of the applicant initially refused by the Department. The applicant sought review of this refusal. The Administrative Appeals Tribunal (AAT) was required to determine whether the requirements of clause 482.212(1) of Schedule 2 to the Regulations were met.

The Tribunal considered the requirement that the nomination identified in the visa application must be approved, made by an approved sponsor, and not have ceased. The Tribunal noted that while the Department had initially refused the nomination, the AAT had subsequently set aside that decision and substituted an approval of Hydraulink Pty Ltd’s nomination on 12 May 2021. The Tribunal was satisfied, based on its records and the Department's, that the nomination was approved, made by Hydraulink Pty Ltd (an approved standard business sponsor valid until 10 July 2022), and had not ceased.

Consequently, the Tribunal found that the first named applicant met the criteria under clause 482.212(1). Given this finding, the Tribunal determined that the appropriate course was to remit the applications to the Minister for reconsideration of the remaining visa criteria. The second applicant's application, being dependent on the first applicant's as a family unit member, would be determined by reference to the outcome of the first applicant's application upon remittal. The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration, directing that the first named applicant met the criteria under cl 482.212(1).