Yang (Migration)

This matter concerned an application for review of a decision not to grant Temporary Skill Shortage (Class GK) visas (Subclass 482) to the applicants. The applicant’s nominator, Lehne Investments (WA) Pty Ltd, had withdrawn its appeal regarding a nomination review application, meaning the nomination for the position had not been approved. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicants were the subject of an approved nomination, a prerequisite for the grant of the visa.

The Tribunal considered the legislative requirement under clause 482.212(1) of the Migration Regulations 1994, which stipulates that the nomination identified in the visa application must be approved, made by an approved sponsor at the time of approval, and must not have ceased. The Tribunal noted that it had invited the applicant to comment on information indicating that the nominator's application for the nominated position had not been approved due to the withdrawal of their review application. The applicant's representative confirmed that there was no nomination in place because the nominating company had withdrawn its appeal and that the applicant was no longer working for that company.

Based on this information, the Tribunal found that the applicant was not the subject of an approved nomination, and therefore, the essential requirement of clause 482.212(1) was not met. Consequently, as the primary applicant did not fulfil the criteria for the grant of the visa, the secondary applicant also did not meet the criteria. The Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas to the applicants.