Bashir (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) visa, standard business sponsor stream. The dispute arose from the Department's refusal of the nomination application made by the nominating business. The applicant sought review of this refusal before the Tribunal.

The legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Regulations, which pertains to having an approved nomination of an occupation by a standard business sponsor that has not ceased.

The Tribunal reasoned that the Department's decision to refuse the nomination application, made on 3 October 2018, had been set aside on merits review by the Tribunal on 1 November 2021. Consequently, the Tribunal found that the 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). The Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant met the criteria specified in clause 457.223(4)(a).