Stefani (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought by Stefani (the applicant) against a decision of the Administrative Appeals Tribunal. The dispute centred on whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, specifically concerning an approved nomination for the occupation of Café and restaurant manager.

The Tribunal was required to determine if the applicant satisfied the three limbs of clause 457.223(4)(a): firstly, whether a nomination of an occupation in relation to the applicant had been approved under section 140GB of the Migration Act 1958; secondly, whether that nomination was made by a person who was a standard business sponsor at the time of approval; and thirdly, whether the approval of the nomination had not ceased as provided for in regulation 2.75.

The Tribunal found that all three requirements of clause 457.223(4)(a) were met. It was satisfied that a nomination for the applicant as a café and restaurant manager had been approved by the Department on 1 November 2018, and this approval remained current until 1 November 2019. Furthermore, the Tribunal was satisfied that the nominator was a standard business sponsor from 19 September 2017 to 19 September 2022, and that the nomination approval had not ceased. Consequently, the Tribunal remitted the application for reconsideration with a direction that the visa applicant met the criteria under clause 457.223(4)(a).