Afzal (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), for the occupation of Supply and Distribution Manager. The dispute arose because the nomination application for this occupation, lodged by Australian Auto Export Co Pty Ltd in respect of the applicant, had initially been refused by the Department. The applicant sought review of this refusal. The decision under review was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the first named applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to the requirement for an approved nomination. This clause mandates that a nomination of an occupation relating to the applicant must have been approved by a standard business sponsor and that this approval must not have ceased.

The Tribunal reasoned that on 29 November 2019, it had set aside the Department's decision to refuse the nomination and substituted a decision approving the nomination. Consequently, at the time of the Tribunal's decision, there was an approved nomination in respect of the applicant, thereby satisfying the requirements of clause 457.223(4)(a). The Tribunal found that the applications of the second, third, and fourth named applicants should be reconsidered in light of this finding.

The Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with the direction that the first named applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations. The Minister was directed to consider the remaining criteria for a Subclass 457 visa.