Stavrou (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), brought before the Tribunal. The dispute centred on whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the relevant regulations, specifically concerning an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in clause 457.223(4)(a), which mandates an approved nomination for the applicant's occupation by a standard business sponsor that has not ceased. This involved assessing whether the nomination, previously refused by the Department, had been validly set aside by the Tribunal.

The Tribunal found that it had previously set aside the Department's decision to refuse the nomination for the occupation of Cook lodged by Delta Etna Pty Ltd in respect of the applicant. Consequently, the Tribunal concluded that the applicant possessed an approved nomination for the occupation of Cook by a standard business sponsor, and that this approval had not ceased. Based on this finding, the Tribunal determined that the requirements of clause 457.223(4)(a) were met.

The Tribunal remitted the application for the Temporary Business Entry (Class UC) visa for reconsideration by the Minister, with a direction that the visa applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 457 visa.