SUNTISETTASIN (Migration)

This matter concerned applications for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), made by two applicants. The primary dispute before the Administrative Appeals Tribunal (AAT) was whether the first applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994, which pertains to an approved nomination by a standard business sponsor.

The legal issue before the Tribunal was to determine if the first applicant satisfied the criteria outlined in clause 457.223(4)(a), specifically concerning the existence of an approved nomination for the occupation of Café or Restaurant Manager, made by a standard business sponsor, and whether that approval had ceased. The Tribunal also needed to consider the application of the second applicant, who applied as a member of the family unit of the first applicant.

The Tribunal reasoned that while the nomination was initially refused by the Department, the AAT had subsequently set aside that decision and approved the nomination. The Tribunal was satisfied that at the time of this approval, the nominator was a standard business sponsor and that the nomination had not ceased. Consequently, the Tribunal found that the requirements of clause 457.223(4)(a) were met by the first applicant.

Given these findings, the Tribunal remitted the applications for reconsideration by the Minister. The Tribunal directed that the first applicant met the criteria under clause 457.223(4)(a), and the second applicant's application would be determined based on the outcome of the first applicant's reconsideration.