El Ghoul (Migration)

This matter concerned an application for review by the visa applicant, Firas El Ghoul, of a decision by the Department to refuse his Subclass 457 visa application. The primary dispute revolved around whether the visa applicant was the subject of an approved nomination by his prospective employer, ACE Demolition & Excavation Pty Ltd, as required by clause 457.223(4)(a) of the Regulations. The Tribunal, constituted by Alan McMurran, was tasked with determining if this criterion had been met.

The legal issue before the Tribunal was whether the visa applicant satisfied clause 457.223(4)(a), which mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. This requirement had been the basis for the Department's refusal of the application on 28 January 2016, after the applicant failed to respond to a letter advising that no approved nomination existed at that time.

The Tribunal found that the visa applicant now met the requirements of clause 457.223(4)(a). This conclusion was based on evidence provided by the applicant's representative, indicating that an approved nomination was in place and valid. The Tribunal verified a letter from the Department dated 6 December 2016, confirming the approval of the nomination for the visa applicant, Firas El Ghoul, by ACE Demolition & Excavation Proprietary Limited. Consequently, the Tribunal determined that the applicant had satisfied the criteria for an approved nomination, that the sponsor was a standard business sponsor at the time of approval, and that the approval had not ceased.

Given that the Tribunal had found the applicant met the criterion under clause 457.223(4)(a), the appropriate course of action was to remit the application for the Temporary Business Entry (Class UC) visa to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the visa applicant be considered to have met clause 457.223(4)(a) of Schedule 2 to the Regulations.