Yang (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, by a telecommunications engineer. The applicant's visa application was linked to an approved position nomination. The dispute before the Administrative Appeals Tribunal (AAT) was whether the applicant met the requirements for the visa, specifically concerning the approved nomination.

The primary legal issue before the Tribunal was whether the nominee was the subject of an approved nomination as required by clause 482.212(1) of the relevant regulations. 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 must not have ceased.

The Tribunal found that the nomination associated with the visa application had indeed been approved on review by the AAT. Furthermore, it was established that the nominator was an approved work sponsor at the time of the nomination's approval and that the nomination had not ceased. Consequently, the Tribunal determined that the requirements of clause 482.212(1) were satisfied. Given this finding, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.