Wu (Migration)

This matter concerned an application for review by the applicant, Wu, of a decision relating to a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – medium-term stream, for the occupation of Accountant (General). The Administrative Appeals Tribunal (the Tribunal) considered the applicant's case based on the material before it, without requiring a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether the applicant met the requirement for an approved nomination under clause 482.212(1) of the Migration Regulations 1994 (Cth). This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and not have ceased. The applicant's employer, K.P.D.O. Pty Ltd, had initially had its nomination application refused by the Department on 8 March 2021.

The Tribunal reasoned that while the initial nomination was refused, K.P.D.O. Pty Ltd subsequently applied for review of that decision. On 13 December 2023, the Tribunal set aside the primary decision and substituted it with a decision approving the nomination. Furthermore, K.P.D.O. Pty Ltd was confirmed to be an approved work sponsor, with its approval valid until 29 September 2025. Consequently, the Tribunal found that the cumulative requirements of clause 482.212(1) were now met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet the criteria under clause 482.212(1) of Schedule 2 to the Regulations.