Lefcadito Alvares (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), brought by Ms Lucelena Marcomini and Miss Sophia Marcomini Lefcadito Alvares, who sought to be recognised as members of the family unit of Mr Diego Lefcadito Alvares. The decision was made by Member Katie Malyon of the Tribunal.

The central legal issue before the Tribunal was whether the applicants met the criteria for the Subclass 457 visa, specifically in relation to cl.457.223(4)(a) of Schedule 2 to the Regulations. The determination of the applicants' visa applications was contingent upon the outcome of Mr Lefcadito Alvares’ own application, which was to be reconsidered by the Department.

The Tribunal's reasoning led to the conclusion that the first named applicant, presumably Mr Lefcadito Alvares, met the specified criteria for the Subclass 457 visa. Consequently, the Tribunal remitted the applications of Ms Marcomini and Miss Lefcadito Alvares to the Department for reconsideration, with the direction that the criteria under cl.457.223(4)(a) were satisfied.