Puiulescu (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, where the primary dispute revolved around the approval of a nomination for the occupation of Café or Restaurant Manager (ANZSCO 141111). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Regulations, specifically concerning an approved nomination by a standard business sponsor.

The Tribunal's task was to ascertain if the nomination of the applicant by Signature Chef Pty Ltd had been approved, if the nominator was a standard business sponsor at the time of approval, and if that approval had not ceased. The Tribunal noted that the Department had initially refused to approve the nomination, but this decision was subsequently set aside by the Tribunal itself, which then substituted a decision approving the nomination.

In its reasoning, the Tribunal found that the nomination of the applicant for the specified occupation had indeed been approved under section 140GB of the Act. Furthermore, the Tribunal was satisfied that the nominator was a standard business sponsor at the time of the nomination's approval and that the approval had not ceased. Having determined that clause 457.223(4)(a) was met, the Tribunal concluded that the appropriate course of action was to remit the visa applications 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).