Flamenco Quintero v Minister for Immigration

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant the applicant, Mr Julio Alberto Flamenco Quintero, an Employer Nomination (Residence) (Class BW) visa. The applicant had applied for the visa on the basis of proposed employment as an Office Manager, nominated by Revelo and Associates Pty Ltd. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision.

The primary legal issue before the AAT was whether the applicant met the criteria for the Subclass 857 visa, specifically concerning the approval of the nominated appointment. The delegate had refused the visa on the grounds that the nominated appointment was not approved and that the applicant did not meet certain regulatory requirements. The AAT was required to determine if the nominated appointment had been approved and remained valid at the time of the decision.

The AAT reasoned that clause 857.221 of the Migration Regulations 1994 required that the nominated appointment be approved and not withdrawn at the time of the decision. While the AAT found that the applicant had been nominated by Revelo and Associates Pty Ltd in accordance with the regulations at the time of his visa application, the nomination itself was not approved by the Department. Subsequently, on 28 April 2014, the AAT affirmed the decision refusing approval of the nomination. Consequently, the AAT concluded that the applicant did not satisfy clause 857.221(a) as the appointment had not been approved.

The AAT affirmed the decision not to grant Mr Flamenco Quintero the Employer Nomination (Residence) (Class BW) visa.