Fogliani (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, brought by an applicant whose employer, Melcorp Real Estate Pty Ltd, had initially had its nomination application refused by a delegate of the Minister. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning the existence of an approved nomination for the applicant by a standard business sponsor. The Tribunal was required to determine if the employer's nomination, initially refused, had subsequently been approved and if that approval remained valid.

The Tribunal found that while the employer's nomination was initially refused by the delegate, the employer had sought review of this decision. The Tribunal itself had subsequently set aside the delegate's refusal and substituted a decision to approve the nomination. As the employer was an approved standard business sponsor and its nomination in respect of the applicant had been approved and had not ceased, the Tribunal concluded that the requirement under clause 457.223(4)(a) was met.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant be taken to meet the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the subclass 457 visa.