FAROOQ (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), made by Mr. Farooq. The primary dispute concerned the approval of his nomination for the occupation of Cook.

The Tribunal was required to determine three key issues: first, whether a nomination of an occupation in relation to the applicant had been approved under section 140GB of the Migration Act 1958 (Cth); second, whether the nomination was made by a person who was a standard business sponsor at the time of approval; and third, whether the approval of the nomination had ceased as provided for in regulation 2.75 of the Migration Regulations 1994 (Cth).

The Tribunal found that the applicant had been nominated for the occupation of Cook by Raf Partners Pty Ltd, and that the Tribunal itself had previously set aside the Department's refusal and approved the nomination. It was also established that Raf Partners Pty Ltd was an approved standard business sponsor at the time the nomination was approved, and that none of the circumstances under which a nomination ceases to be in effect applied. Consequently, the Tribunal was satisfied that clause 457.223(4)(a) of Schedule 2 to the Regulations was met.

Given that the criteria under clause 457.223(4)(a) were satisfied, the Tribunal remitted the application for the visa to the Minister for reconsideration, with the direction that the applicant meets these specific criteria. The Minister is to consider the remaining criteria for the Subclass 457 visa.