Alipio (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought before the Tribunal. The primary dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of the Regulations, which pertains to the approval of a nomination by a standard business sponsor.

The legal issue before the Tribunal was to determine if the primary visa applicant satisfied the criteria set out in clause 457.223(4)(a). This clause requires that a nomination of an occupation relating to the applicant has been approved under section 140GB of the Act, that the nomination was made by a standard business sponsor at the time of approval, and that the approval of the nomination has not ceased.

The Tribunal found that the requirements of clause 457.223(4)(a) were met. It noted that the nomination application had been approved on 19 December 2017, and the sponsor had been approved as a standard business sponsor for a period that encompassed the time of the decision. Furthermore, the sponsor had not withdrawn the nomination, and its approval had not ceased. Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant met the criteria specified in clause 457.223(4)(a). The applications of the second named visa applicants, as family members of the primary applicant, were also to be reconsidered.