AKITI (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, specifically for the occupation of Residential Care Officer. The primary issue before the Tribunal was whether the primary visa applicant met the requirements of cl.457.223(4)(a) of the Regulations, which pertains to an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also considered whether the secondary applicants met the requirements of Regulation 457.321, which relates to family members of a primary applicant who satisfies the criteria for a Subclass 457 visa.

The Tribunal was required to determine if the primary applicant had an approved nomination for their occupation by a standard business sponsor, and if this approval was still in effect. Additionally, the Tribunal needed to ascertain if the secondary applicants were members of the family unit of the primary applicant, who had met the necessary visa criteria. The Tribunal's reasoning focused on the fact that a previous decision had set aside the Department's refusal to approve the sponsor's nomination and substituted a decision approving it.

The Tribunal found that the primary applicant was now the subject of an approved nomination that had not ceased, thereby satisfying cl.457.223(4)(a). Furthermore, the Tribunal determined that the secondary applicants met the requirements of Regulation 457.321 as they were members of the family unit of the primary applicant, who had now satisfied the primary criteria for the visa. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that the primary and secondary applicants met the specified criteria.