Fortez (Migration)

This matter concerned an application for review of a decision by the Department to refuse a nomination for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The nominated occupation was carpenter. The review was heard by the Tribunal, with Antonio Dronjic acting as the Member.

The primary legal issue before the Tribunal was whether the nominated occupation for a carpenter met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations. 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 found that the nomination, initially refused by the Department, was approved by the Tribunal on review. The Tribunal was satisfied that the nomination was made by Lumil Pty Ltd & Vic Mani Pty Ltd, who was a standard business sponsor at the time of approval, and that the nomination had not ceased. Consequently, the Tribunal determined that the first named applicant met the criteria under clause 457.223(4)(a).

The Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.