Adam (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by the first named applicant, with the second named applicant applying as a member of his family unit. The dispute arose from the Department's refusal to approve the nomination of the occupation of Contract Administrator for the first applicant. The nominating employer, Ultimate Investments 2012 Pty Ltd, sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the requirement under clause 457.223(4)(a) of Schedule 2 to the Regulations, which mandates an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased, had been met. The Tribunal was also required to determine the appropriate course of action given its findings on this issue, particularly concerning the applications of both the primary applicant and his family member.

The Tribunal found that the requirement of clause 457.223(4)(a) was satisfied. This was because, on 23 October 2022, the Tribunal had set aside the Department's earlier decision to refuse the nomination and substituted a decision to approve the nomination for the Contract Administrator position. Consequently, the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 457.223(4)(a). The second applicant's application would be determined by reference to the outcome of the first applicant's reconsidered application.