Gomez Munoz (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), for an Accountant (General). The applicant was the subject of an approved nomination by OASJ Pty Ltd. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 457.223(4)(a), which requires an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. The Tribunal noted that the nomination had initially been refused by the Department but was subsequently approved by the Tribunal in a prior decision. The Tribunal also had to consider the status of the nominator as a standard business sponsor and whether the nomination had ceased.

The Tribunal reasoned that the nomination for the applicant as an Accountant (General) had been approved under section 140GB of the Act, and at the time of approval, the nominator was a standard business sponsor and the nomination had not ceased. Therefore, the Tribunal was satisfied that the requirements of clause 457.223(4)(a) were met. The Tribunal also found that the second applicant, who applied as a member of the family unit, would have her application determined by reference to the outcome of the primary applicant's application.

Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister. The Tribunal directed that the first applicant met the criteria under clause 457.223(4)(a) for a Subclass 457 visa.