Nguyen (Migration) [2026] ARTA 114 (23 January 2026)

Migration Regulations 1994 (Cth), r 2.72(10)(a), 2.75, Schedule 2, cl 482.212(1)

1. This is an application for review of a decision made by a delegate of the Minister on 8 April 2024 to refuse to grant the visa applicant a Temporary Skill Shortage (Class GK) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
2. The applicant applied for the visa on 12 January 2024. At that time, Class GK contained one subclass: Subclass 482 (Temporary Skill Shortage). The criteria for a Subclass 482 visa are set out in Part 482 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). Applicants seeking to satisfy the primary criteria for the visa must meet the 'Common criteria' and the criteria of one of three alternative streams: the Short-term stream, the Medium-term stream, or the Labour Agreement stream. Other members of the family unit, if any, who are applicants for the visa need only satisfy the secondary criteria. In this case, the applicant is seeking the visa in the Short-term stream to work in the nominated occupation of Sales and Marketing Manager (ANZSCO 131112).
3. The delegate in this case refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 482.212(1) of Schedule 2 to the Regulations because the nomination application made by N.P. International Foods Wholesale Pty Ltd (the employer sponsor) for the position associated with the nominated occupation had not been approved. A delegate of the Minister had refused the nomination application for not satisfying reg 2.72(10)(a) of the Regulations on 1 February 2024. The employer sponsor applied for review of the nomination refusal decision to the Tribunal on 19 February 2024.[1]
4. On 15 April 2024, the applicant applied for review of the visa refusal decision to the Tribunal and provided a copy of the delegate's decision record with his review application. The applicant was represented in relation to the review. On 21 and 23 January 2026, the Tribunal received updated information relating to the employer sponsor's sponsorship status and nomination approval.
5. Section 106(1) of the ART Act provides that the Tribunal may make its decision in the proceeding in relation to the application after considering the documents and things given to the Tribunal and without holding the hearing of the proceeding if any of the circumstances in subsections (2) to (5) applies. Relevantly in this case, s 106(3) of the ART Act applies if the only parties to the proceeding are the applicant and a non-participating party; and the decision is wholly in favour of the applicant; and it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding.
6. In this case, the only parties to the proceeding are the applicant and the Minister who is a non-participating party.[2] Accordingly, s 106(3)(a) is met. The issue for determination in the present case is whether there is an approved nomination in respect of the applicant. Having reviewed the available material in this matter including the applicant's latest submission to the Tribunal, I consider that the issue for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding, and that for the reasons set out below, the decision is wholly in favour of the applicant. Accordingly, I find ss 106(3)(b)(i) and 106(3)(c) are met and I have decided to proceed to a decision without a hearing.

1. Clause 482.212(1) requires that the nomination identified in the visa application is approved, was made by a person who was an approved work sponsor at the time of approval, and has not ceased.
2. On 13 January 2026, the Tribunal remitted the decision to refuse the employer sponsor's nomination application for reconsideration by the Minister with an order that the employer sponsor meets reg 2.72(10) of the Regulations.
3. On 21 and 23 January 2025, the Tribunal received a copy of the Department of Home Affairs' notification of approval of a nomination made by the employer sponsor in respect of the occupation (Sales and Marketing Manager ANZSCO 131112) and the nominee (Mr Huu Tin Nguyen, the applicant in this review). The Tribunal also received a copy of the employer sponsor's standard business sponsorship approval on 12 August 2022, which is effective until 12 August 2027.
4. In light of the above, the Tribunal is satisfied on the available information that:

(a) the nomination identified in the visa application has been approved under s 140GB of the Act; and

(b) the employer sponsor who made the nomination, N.P. International Foods Wholesale Pty Ltd, was an approved work sponsor at the time the nomination was approved; and

(c) the approval of the nomination has not ceased under reg 2.75.

1. Therefore, the Tribunal finds that the requirements of cl 482.212(1) are met. Accordingly, the appropriate course is to set aside and remit the matter to the Minister to consider the remaining criteria for the visa.

1. The Tribunal sets aside the decision under review and remits the application for a Temporary Skill Shortage (Class GK) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 482 visa:
   • cl 482.212(1) of Schedule 2 to the Migration Regulations 1994 (Cth).

Representative for the Applicant: Mr Tuan Minh Do (MARN: 2217945)

[2] Section 348A(1) of the Act provides that the Minister is taken to be a non-participating party to a proceeding for review of a reviewable migration decision or a reviewable protection decision for the purposes of the ART Act.