Stojanov (Migration)

This matter concerned an appeal by a prospective visa applicant against the refusal of a nomination application for a Temporary Business Entry (Class UC) visa, Subclass 457, for the occupation of Fibrous Plasterer. The appeal was heard by the Tribunal, presided over by Member Antonio Dronjic.

The primary legal issue before the Tribunal was whether the nomination of the applicant for the occupation of Fibrous Plasterer met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that an approved nomination by a standard business sponsor, which has not ceased, must exist in relation to the applicant.

The Tribunal found that the nomination, initially refused by the Department, had been approved by the Tribunal on 20 November 2017. It was satisfied that the nominator, Lukach Developments Pty Ltd ATF Lukach Developments Trust, was a standard business sponsor at the time of approval and that the approval had not ceased. Consequently, the Tribunal determined that the first limb of clause 457.223(4)(a) was met.

The Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas to the Minister for reconsideration, with a direction that the first named applicant had met the criteria under clause 457.223(4)(a) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 457 visa.