1601804 (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 visa. The Tribunal, presided over by Member Karen Synon, was required to determine whether the primary visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations.

The central legal issue before the Tribunal was the satisfaction of clause 457.223(4)(a), which mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal considered the evidence presented regarding the nomination for the occupation of ‘Customer Service Manager’.

The Tribunal reasoned that on 31 May 2016, it had previously set aside the department’s decision to refuse the nomination and substituted a decision approving the nomination. Based on this prior determination, the Tribunal was satisfied that the requirements of clause 457.223(4)(a) were met. Consequently, the Tribunal decided to remit the visa application for reconsideration by the Minister, with a specific direction that the first named applicant meets the criteria stipulated in clause 457.223(4)(a).