MOREIRA PERES (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought before the Tribunal by the applicant, Moreira Peres. The dispute centred on whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the relevant regulations, specifically concerning an approved nomination for the occupation of Café or Restaurant Manager.

The primary legal issue before the Tribunal was to determine if there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. This required the Tribunal to consider the evidence presented regarding the nomination lodged by the applicant's prospective employer, F. Livoti and A. Livoti.

The Tribunal found that on 26 November 2020, it had set aside the delegate of the Minister's decision to refuse the nomination. Consequently, the Tribunal concluded that an approved nomination for the position of Café or Restaurant Manager, made by a standard business sponsor and which had not ceased, was in place. Therefore, the Tribunal determined that the requirements of clause 457.223(4)(a) were met.

Given this finding, the Tribunal decided that the appropriate course of action was to remit the visa application for reconsideration by the Minister, with a direction that the visa applicant meets the criteria specified in clause 457.223(4)(a). The Minister is to consider the remaining criteria for the Subclass 457 visa.