Yoo (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream. The applicant sought review of a decision to refuse their visa application. The Tribunal was constituted by Senior Member Michael Cooke.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the visa. This required consideration of clause 482.212(1) of the relevant regulations, which stipulates that the nomination identified in the visa application must be 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 was indeed approved. Furthermore, it was satisfied 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 met.

Given these findings, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The remittal was made with a direction that the first named applicant met the criteria under clause 482.212 of Schedule 2 to the Regulations, leaving the Minister to consider the remaining visa criteria.