EL HOUMAYSSI (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) – Standard Business Sponsor stream, made by El Houmayyissi. The core dispute revolved around whether the applicant met the requirement for an approved nomination, which had initially been refused by the Department but was subsequently approved by the Administrative Appeals Tribunal (AAT). The decision was made by Member Denise Connolly of the AAT.

The primary legal issue before the Tribunal was to determine whether the applicant met the requirements of clause 457.223(4) of Schedule 2 to the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal was required to assess if the nomination lodged by Fastform Group Australia Pty Ltd for the applicant as a Carpenter had been validly approved and remained in effect.

The Tribunal reasoned that the applicant was indeed the subject of an approved nomination for the occupation of Carpenter by Fastform Group Australia Pty Ltd, as the AAT itself had approved the nomination on 19 June 2018. Consequently, the Tribunal found that the requirements of clause 457.223(4)(a) were satisfied. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant met the criteria specified in clause 457.223(4)(a).