Zhong (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, subclass 482, in the short-term stream, for the occupation of graphic designer. The primary applicant and her husband sought these visas. The Department of Home Affairs had refused the applications on the basis that the sponsoring employer, Synaland Pty Ltd, did not have an approved nomination in place for the applicant. The Administrative Appeals Tribunal heard the applications for review concurrently with Synaland's application for review of the Department's decision to refuse its nomination.

The central legal issue before the Tribunal was whether the nomination, as required by clause 482.212(1) of the Migration Regulations 1994, had been approved and had not ceased. This clause mandates 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 also needed to consider whether the Department had assessed any other criteria for the visa applications, beyond the nomination requirement.

The Tribunal reasoned that it had previously set aside the Department's decision to refuse Synaland's nomination and substituted a decision approving the nomination. In reaching that prior decision, the Tribunal was satisfied that Synaland was an approved work sponsor, holding a standard business sponsorship valid until March 2024. As neither the approval of the nomination nor the sponsorship had ceased, the Tribunal concluded that the requirements of clause 482.212(1) were met. The Tribunal noted that the Department had not considered any other criteria for the visa applications. Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, directing that the primary applicant met the criteria under clause 482.212 of Schedule 2 to the Regulations.