Patel (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, where the applicant, Mr. Patel, was nominated for the occupation of Hair or Beauty Salon Manager. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination for the specified occupation by a standard business sponsor that had not ceased. This involved considering the history of the nomination, which had initially been refused by the Department but was subsequently approved by the Tribunal in a prior decision.

The Tribunal reasoned that it had previously set aside the Department's decision not to approve the nomination and substituted a decision that the nomination was approved. The Tribunal was satisfied that the nomination for the applicant in the occupation of Hair or Beauty Salon Manager had been approved under section 140GB of the Act, that the nominator was a standard business sponsor at the time of approval, and that the nomination had not ceased. Consequently, the Tribunal found that the requirements of clause 457.223(4)(a) were met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the application for the visas to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the first named applicant met the criteria under clause 457.223(4)(a).