Wang (Migration)

The Administrative Appeals Tribunal considered an application for judicial review concerning a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for the occupation of Café or Restaurant Manager. The applicant sought review of a decision to refuse their visa application, which was based on an unapproved nomination. The Tribunal, constituted by Member Antonio Dronjic, affirmed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements for the visa, specifically clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved, and the nominator must have been an approved work sponsor at the time of approval, with the sponsorship not having ceased.

The Tribunal reasoned that, based on the evidence before it at the time of its decision, the nomination identified in the applicant's visa application had not been approved under section 140GB of the Migration Act 1958. Consequently, the Tribunal found that the applicant failed to meet the essential requirement stipulated in clause 482.212(1). As this was a fundamental criterion for the visa, the Tribunal concluded that the decision under review, which refused the visa, must be affirmed.