KANASHIRO (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, by Mr. Kanashiro. The applicant's nominated occupation was Joiner. The primary dispute revolved around whether the applicant met the requirements for the visa, particularly in light of his nominator ceasing to operate and the applicant's relationship status with his partner, Ms. Correia, whose own subclass 482 visa had been granted. The decision was made by Alan McMurran, a Member of the Tribunal.

The legal issues before the Tribunal included whether the applicant had fulfilled the requirement for an approved nomination, given that his nominator, Red Fig Services Pty Ltd, had gone into external administration and subsequently closed. Additionally, the Tribunal was required to consider the applicant's relationship with Ms. Correia, which had been registered after they commenced living together, and whether this relationship status impacted his eligibility as a primary applicant, especially since Ms. Correia had already been granted a visa in her own name. The Tribunal also had to determine if the applicant had met the common criteria for the visa, specifically regarding the completion of a skills assessment.

The Tribunal reasoned that while the applicant's nominator had ceased to exist, and he had not yet completed the required skills assessment, the applicant's registered de facto relationship with Ms. Correia was genuine and established. The Tribunal noted that there was no prohibition against an applicant being considered for primary criteria even if their partner also held or applied for a visa. Crucially, the Tribunal found that the applicant met certain criteria, specifically cl 482.311 and cl 482.312 of Schedule 2 to the Regulations, which relate to the applicant's general eligibility and the nominated occupation.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant be considered to meet the specified criteria. This course of action allowed for further assessment of the remaining visa requirements, taking into account the established relationship and the applicant's potential eligibility for the visa.