PETCHPHIBOON (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), for the occupation of Café or Restaurant Manager. The applicant's nomination for this position by Kinn Kotara Pty Ltd was initially refused by the Department. However, the Administrative Appeals Tribunal (AAT) had previously set aside that refusal and substituted a decision approving the nomination. The current proceedings before the Tribunal involved the applicant's eligibility for the visa itself.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(a) of the Regulations, specifically concerning an approved nomination. This subclause requires that a nomination of an occupation in relation to the applicant has been approved under section 140GB of the Act, that the nominator was a standard business sponsor at the time of approval, and that the approval has not ceased.

The Tribunal found that the nomination for the applicant as a Café or Restaurant Manager had indeed been approved, that the nominator was a standard business sponsor at that time, and that the nomination had not ceased. Based on these findings, the Tribunal concluded that the requirements of subclause 457.223(4)(a) were satisfied. Consequently, the Tribunal remitted the application for the Temporary Business Entry (Class UC) visas to the Minister for reconsideration of the remaining visa criteria. The Tribunal also directed that the second applicant, who applied as a member of the family unit, would have their application determined by reference to the outcome of the first applicant's application upon remittal.