Roqueni (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary work (Skilled)), made by an applicant, Roqueni, and a nomination made by Awk Enterprises Pty Ltd. The Administrative Appeals Tribunal, constituted by Member Amanda Mendes Da Costa, was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Regulations.

The primary legal issue before the Tribunal was whether there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. The Department had initially refused the nomination application, but this decision was subsequently set aside by the Tribunal on merits review.

The Tribunal reasoned that because it had previously set aside the Department's decision to refuse the nomination, the applicant was now the subject of an approved nomination by a standard business sponsor that had not ceased. Accordingly, the Tribunal found that the requirements of clause 457.223(4)(a) were met. The Tribunal then remitted the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, with a direction that the applicant met the criteria under clause 457.223(4)(a).