Magno Fernandes (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought by Magno Fernandes. The dispute arose after the Department refused the nomination application made by the nominating business. The Administrative Appeals Tribunal reviewed this decision.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994. 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 Department's decision to refuse the nomination had been set aside by the Tribunal on 9 December 2021. Consequently, the Tribunal concluded that the primary visa applicant was the subject of an approved nomination by a standard business sponsor that had not ceased, thereby satisfying the requirements of clause 457.223(4)(a). The Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first named applicant met this specific criterion.