Yiap (Migration)

This matter concerned an application for review by CBS International Trading Co. Pty Ltd of the Department's decision to refuse a nomination for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for an Accountant. The Administrative Appeals Tribunal, constituted by Member Antonio Dronjic, was required to determine whether the requirements of clause 482.212(1) of the Migration Regulations 1994 were met, specifically concerning the approval of the nomination and the applicant's employer's status as an approved work sponsor.

The Tribunal reasoned that on 31 January 2024, it had set aside the Department's refusal and substituted a decision approving the nomination. It was also satisfied that the employer, CBS International Trading Co. Pty Ltd, was an approved standard business sponsor until 23 March 2025 and that the approval of the nomination had not ceased under regulation 2.75. Consequently, the Tribunal found that the cumulative requirements of clause 482.212(1) were met.

The Tribunal remitted the application for the Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 482.212(1) of Schedule 2 to the Regulations.