Warwick (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) by a primary applicant nominated for the position of Other Sports Coach or Instructor, and a secondary applicant as a member of the family unit. The Administrative Appeals Tribunal was required to determine whether the nomination, lodged by the business sponsoring the primary applicant, was approved and made by an approved work sponsor who had not ceased to be a sponsor.

The central legal issue before the Tribunal was whether the primary applicant met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994, which mandates that the nomination identified in the visa application must be approved and made by an approved work sponsor whose approval has not ceased. The Tribunal considered a nomination application lodged on 20 September 2019, which had initially been refused by the Department on 30 October 2019.

The Tribunal found that the criterion in clause 482.212(1) was met, having set aside the Department's refusal and substituted a decision to approve the nomination on 19 October 2023. As the primary applicant was found to satisfy this criterion, the Tribunal determined that the matter should be remitted to the Minister for reconsideration of the remaining criteria for the Subclass 482 visa for all applicants. The Tribunal directed that the primary applicant met clause 482.212(1).