Riano Roldan (Migration)

This matter concerned an application for review of a decision made under the *Migration Act 1958* (Cth) concerning a Temporary Business Entry (Class UC) visa, subclass 457. The applicant, Riano Roldan, sought review of the decision to refuse his visa application.

The primary legal issue before the court was whether the applicant met the requirements for the subclass 457 visa, specifically in relation to the nomination of his occupation by a standard business sponsor that had not ceased. The court was required to determine if the decision-maker had erred in finding that the nomination requirements were not satisfied.

Her Honour Catherine Carney-Orsborn found that the applicant had indeed met the requirements for the visa, including the nomination by a standard business sponsor. The court reasoned that the evidence before it demonstrated that the nomination was valid and that the sponsor had not ceased to be a standard business sponsor at the relevant time. Consequently, the court concluded that the delegate's decision to refuse the visa was not justified. The decision under review was remitted to the Department of Home Affairs for reconsideration according to law.