Apichonsook (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), made by the first named applicant, Mr. Apichonsook. The dispute arose from the Department's refusal of the nomination application made by the nominating business. The case was heard by the Tribunal, with Member Namoi Dougall presiding.

The primary legal issue before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994. This clause 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 found that the Department's initial refusal of the nomination application, made on 1 August 2018, had been set aside by the Tribunal on 24 June 2021. Consequently, the Tribunal concluded that the primary visa applicant was the subject of an approved nomination by a standard business sponsor that had not ceased, thereby satisfying the requirements of clause 457.223(4)(a). Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa applications to the Minister for reconsideration of the remaining criteria for Subclass 457 visas. The Tribunal directed that the first named applicant met the criteria specified in clause 457.223(4)(a).