Ferreira Fuentes (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by a visa applicant, represented by Ferreira Fuentes. The dispute arose from the refusal of the applicant's visa application, which was before the Tribunal for review. The Tribunal, constituted by George Hallwood, was required to determine whether the visa applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations.

The Tribunal's reasoning focused on the specific criteria within subclause 457.223(4)(a), which mandates an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. The Tribunal found that on 6 May 2021, the nomination of an occupation relating to the applicant by Pat-Group (Patrick’s Automotive Trading Group) Pty Ltd, a standard business sponsor, had been approved and that this approval had not ceased. Consequently, the Tribunal concluded that the requirements of subclause 457.223(4)(a) were met.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister, with a direction that the visa applicant meets the criteria specified in subclause 457.223(4)(a). The Minister was to then consider the remaining criteria for the Subclass 457 visa.