MARTINEZ BARBOSA (Migration)

This matter concerned an application for a Subclass 457 – Temporary Work (Skilled) visa by Mr. Martinez Barbosa, nominated by NINO'S M PAINTING SERVICES PTY LTD for the position of Painting Trades Worker. The initial decision by the delegate was to refuse the visa application, as the sponsoring employer did not have an approved nomination in place at the time of the delegate's assessment, and consequently, the primary criteria, including clause 457.223(4)(a), were not met. The Tribunal reviewed the matter.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 457 visa, specifically focusing on the requirement for an approved nomination under clause 457.223(4)(a) of Schedule 2 to the Regulations. The Tribunal also considered the implications of the nomination being approved retrospectively.

The Tribunal found that while the initial delegate's decision to refuse the visa was based on a lack of an approved nomination, the nomination application for NINO'S M PAINTING SERVICES PTY LTD was subsequently approved by the Tribunal on 21 October 2020. This subsequent approval satisfied clause 457.223(4)(a). Given this development, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the first named applicant met clause 457.223(4)(a).