A visa applicant from South America was assisted by Agoston Tamas in a merits review application before the Administrative Appeals Tribunal (AAT).
The visa applicant had applied for a Temporary Business Entry, Class UC Subclass 457 visa with the assistance of another migration agent. The associated nomination application had also been lodged by another migration agent.
The Department of Home Affairs refused the Subclass 457 visa application, as well as the associated application of the nominating company, because it found that the nominated position was not genuine.
In the AAT appeal, Tamas acted for the nominating company and successfully argued that the nominating company satisfied the requirements of Regulation 2.72(10)(f) of the Migration Regulations to the effect that the nominated occupation was genuine.
As the nomination appeal was successful, Tamas was also able to show that the visa applicant met the provisions of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations resulting in a favourable merits review outcome for the visa applicant.
The AAT remitted the application to the Department of Home Affairs for reconsideration, with the direction that the visa applicant met the necessary criteria for the Subclass 457 visa.
Tamas Immigration can provide advice on your Australian visa, Permanent Residence and Citizenship, or if you wish to appeal a visa refusal to the AAT or appeal a visa decision to a Court.
