A corporate client was represented by Agoston Tamas in a merits review application before the Administrative Appeals Tribunal.
The company had lodged a Subclass 457 nomination application with the assistance of their migration agent at the time, nominating a position on behalf of an employee from an Asian country.
The Subclass 457 nomination application, lodged by the company’s former migration agent, was refused by the Department of Home Affairs on the basis that the nominating business could not demonstrate financial capacity to pay the nominee a full-time salary for the nominated position for at least two years.
Tamas was able to show that the appellant nominator satisfied all relevant criteria under the Migration Regulations, including financial capacity of the nominating company to pay the nominee’s full-time salary for the required time-period.
Consequently, the Administrative Appeals Tribunal found that the nominating company satisfied the requirements for approval of the nomination under the Temporary Residence Transition stream set out in Regulation 5.19(3) of the Migration Regulations and thus allowed the appeal.
The Administrative Appeals Tribunal set aside the decision under review and substituted a decision approving the nomination.
Agoston Tamas is an Australian Immigration Lawyer, first registered as a Migration Agent with the Office of the Migration Agents Registration Authority, MARA, in January 2011.
Tamas Immigration can assist with applications for Australian visas, Permanent Residence and Citizenship, or if you require assistance with a visa appeal to a Court or wish to seek merits review by the Administrative Appeals Tribunal of a refused visa application.
