Zhong (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Short-term stream, for a Café or Restaurant Manager. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal, constituted by Alan McMurran, was tasked with determining whether the applicant was the subject of an approved nomination as required by the relevant legislation.

The primary legal issue before the Tribunal was whether the applicant's nomination, as identified in their visa application, had been approved in accordance with section 140GB of the Act and clause 482.212(1) of the Regulations. This clause requires that the nomination be approved, made by an approved work sponsor at the time of approval, and that the approval has not ceased. The Tribunal considered information from the applicant's departmental file, its own case file, and the file relating to the sponsor's review.

The Tribunal found that on 15 February 2024, a decision was made to approve the nomination, setting aside a previous decision not to approve it. The Tribunal further determined that the sponsor was an approved work sponsor during the relevant period and that the approval of the nomination had not ceased. Consequently, the Tribunal concluded that the applicant was the subject of an approved nomination that met all the requirements of clause 482.212(1) and the entirety of clause 482.212.

Based on these findings, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant met the criteria specified in clause 482.212(1) and 482.212 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.