A Setback on Paper, A Future Back on Track

The Dream

A skilled professional working in Australia had built his pathway carefully. With qualifications in project
management and leadership and experience aligned with the role of Contract Administrator, he applied
for a Subclass 482 Temporary Skill Shortage visa in the Short-term stream. His sponsoring employer had
nominated him for the occupation, and the goal was clear. Continue contributing to the construction
business while building a stable future in Australia.

The Problem

The visa was refused. The Department determined that at the time of decision, there was no approved
nomination in place. Without an approved nomination, the applicant did not meet Schedule 2 of the
Migration Regulations. As a result, the application could not succeed.
The refusal placed everything in uncertainty. Despite holding relevant qualifications, providing English test
results, police clearances and supporting documentation from his employer, the absence of an approved
nomination prevented the visa from being granted.

The Solution

The matter was taken to the Tribunal. Importantly, the Tribunal had already reviewed the employer’s
nomination decision separately. In that related matter, the Tribunal set aside the refusal of the nomination
and remitted it for reconsideration, finding that it met the prescribed criteria.
With the nomination issue resolved, the Tribunal turned to the visa application. It requires that the
applicant be the subject of an approved nomination. Considering the Tribunal’s earlier decision regarding
the nomination, this requirement was satisfied.
The Tribunal examined the evidence provided, including the applicant’s Diploma of Project Management,
Advanced Diploma of Leadership and Management, IELTS results, police clearances and supporting
documents from the sponsoring employer. The Tribunal was satisfied that the primary criteria for the grant
of the Subclass 482 visa were met.

The Victory

The Tribunal set aside the refusal and remitted the matter for reconsideration with the order that the
applicant meets the criteria for the grant of a Temporary Skill Shortage visa under clause 482.212.
Their Words
“We never stopped believing the pathway was there. Once the nomination was recognised, everything fell
into place.”
If you are in a similar situation, or know someone who may require professional assistance with a visa
nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:
Book a Consultation: https://solvemigration.com/book-an-appointment/
Email: ask@solvemigration.com

Our team can assess your circumstances, identify available pathways, and guide you through each stage
of the process with clear and practical advice.