Noor Elisha (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), for the nominated occupation of Café or Restaurant Manager. The applicant was Mamak Chatswood Pty Ltd. The decision was made by Alan McMurran, a Member of the Tribunal.

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 Regulations, specifically concerning an approved nomination. This clause requires that a nomination of an occupation relating to the applicant by a standard business sponsor has been approved and has not ceased.

The Tribunal reasoned that on 14 May 2021, following a review, the nomination by Mamak Chatswood Pty Ltd was approved. The Tribunal found that this satisfied the requirements of clause 457.223(4)(a)(i), (ii), and (iii), as the nomination was approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and the approval had not ceased. Having found this criterion met, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria.