1611483 (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa. The dispute concerned whether the applicant met specific criteria under clause 457.223 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied subclauses 457.223(4)(a) and 457.223(4)(eb). Subclause (4)(a) pertains to the requirement for an approved nomination by a standard business sponsor, while subclause (4)(eb) addresses English language proficiency requirements for applicants who are not exempt and for whom subclause (6) does not apply.

The Tribunal found that the requirements of clause 457.223(4)(a) were met, as a nomination for the applicant as a Wall and Floor Tiler by Mars Tiling Pty Ltd had been approved and was current, and the sponsor was also approved. Regarding English language proficiency under clause 457.223(4)(eb), the Tribunal determined that the applicant was not an exempt applicant and that subclause (6) did not apply because the nominated salary of $60,000 per annum was below the threshold of $96,400 specified in Legislative Instrument IMMI 15/028. Consequently, the applicant was required to demonstrate English language proficiency through a specified test.

The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant meets the criteria under clauses 457.223(4)(a) and 457.223(4)(eb).