1518084 (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mr Luke Aaron West. The dispute before the Tribunal was whether Mr West met the requirements of cl.457.223(4)(a) of the Migration Regulations 1994. The Tribunal, constituted by Member Katie Malyon, considered the matter on the papers without a hearing.

The primary legal issue before the Tribunal was to determine if Mr West satisfied the criteria set out in cl.457.223(4)(a) of the Migration Regulations 1994, which pertains to the requirement for an approved nomination by a standard business sponsor. This clause mandates that a nomination of an occupation in relation to the applicant must have been approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and that the approval must not have ceased.

The Tribunal found that the requirements of cl.457.223(4)(a) were met. It noted that on 1 November 2016, the Department had approved Aztex Equipment's nomination of Mr West for the occupation of Motor Mechanic (General) (ANZSCO 321211). Based on this finding, the Tribunal concluded that the appropriate course of action was to remit Mr West's visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that for the purpose of reconsideration, Mr West was to be considered as meeting the criteria under cl.457.223(4)(a).