Cruccas (Migration)

This matter concerned an application for review of a decision relating to a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary (Skilled)). The applicant, Manuela Cruccas, sought review of a decision concerning her eligibility for the visa. The Tribunal was required to determine whether the primary visa applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations.

The central legal issue was whether there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. The Tribunal considered evidence that Brewery Place Pty Ltd was an approved sponsor from 6 February 2017 to 6 February 2022. Furthermore, Department records indicated that on 10 April 2018, the Department approved the nomination of Manuela Cruccas for the occupation of chef, with this approval valid until 12 April 2019.

The Tribunal found that the applicant was the subject of an approved nomination that was still current and had not expired, thereby satisfying cl.457.223(4)(a). As the secondary applicants were also the subject of an approved nomination under section 140 GBA of the Act, they also satisfied this criterion. Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant met the requirements of cl.457.223(4)(a).