WOZNOWSKA (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Department of Immigration to refuse to approve a nomination for a Temporary Business Entry (Class UC) Subclass 457 visa. The applicant for the visa was nominated by Casa Gusto Pty Ltd, an approved standard business sponsor, for the occupation of Management Consultant. The Department had refused to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. The Tribunal was required to determine if the nomination by Casa Gusto Pty Ltd for the Management Consultant occupation was valid and had not ceased.

The Tribunal reasoned that clause 457.223(4)(a) required an approved nomination, made by a standard business sponsor, which had not ceased. In this instance, the Tribunal found that the nomination by Casa Gusto Pty Ltd was indeed approved on 3 November 2017, that the nominator was an approved standard business sponsor, and that the approval had not ceased. Consequently, the Tribunal was satisfied that the requirements of clause 457.223(4)(a) were met.

Given its finding that the nomination criteria were satisfied, the Tribunal determined that the appropriate course of action was to remit the visa applications to the Minister for reconsideration of the remaining criteria for the Subclass 457 visas. The Tribunal directed that the first named applicant met the criteria under clause 457.223(4)(a).