Teward Zambrano Anez (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, subclass 482, short-term stream, made by Teward Zambrano Anez and two other applicants as members of his family unit. The dispute arose from a decision by the Department of Home Affairs concerning the applicant's visa application, which was subsequently reviewed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal, constituted by Alison Mercer, found that while the nomination was initially refused by the Department, the employer, Pride Events Pty Ltd, successfully sought review of this refusal. The Tribunal itself had previously set aside the Department's refusal and substituted a decision to approve the nomination. Furthermore, the Tribunal was satisfied that Pride Events Pty Ltd remained an approved standard business sponsor. Consequently, the Tribunal determined that the requirements of clause 482.212(1) were met. The Tribunal remitted the applications for reconsideration by the Minister, directing that the first applicant met the specified criteria, with the outcome for the other applicants dependent on the reconsideration of the primary applicant's case.