Perez Castaneda (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) – medium-term stream, brought by Mr Daniel Perez Castaneda and his family members. The primary issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the regulations, which pertains to the approval of a nomination. The nominating employer, INCORE AIR NSW Pty Ltd, had initially had its nomination for the occupation of Sheetmetal Trades Worker refused by the Department. However, following a review by the Tribunal, that decision was set aside and a new decision was substituted to approve the nomination.

The Tribunal was required to determine if the nomination met the criteria stipulated in clause 482.212(1), specifically that the nomination was approved, made by an approved sponsor, and had not ceased. The Tribunal found that the nomination had been approved by the Tribunal on 10 March 2022. Furthermore, it was satisfied that INCORE AIR NSW Pty Ltd was an approved standard business sponsor from 18 May 2018 to 18 May 2023, and that this approval had not ceased. Consequently, the Tribunal concluded that the requirements of clauses 482.212(1)(a), (b), and (c) were satisfied.

Given that the applicant met the criteria under clause 482.212(1), the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The applications of the other family members were to be determined by reference to the outcome of Mr Perez Castaneda’s application upon remittal. The Tribunal directed that the first named applicant meets the criteria under clause 482.212(1) of Schedule 2 to the Regulations.