Bhavna (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, by Bhavna. The dispute before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the nominated occupation, cook (ANZSCO 3514411), was supported by an approved nomination from a standard business sponsor that had not ceased. Additionally, the Tribunal considered whether the applicant had provided evidence of her skills and qualifications commensurate with the nominated occupation, and whether she had met the English language proficiency requirements.

The Tribunal found that the standard business sponsor had provided sufficient evidence, including details of the applicant's employment as a cook since April 2016, her utilisation of skills consistent with ANZSCO 3514411, and her qualifications. The sponsor also provided a contract for employment post-visa grant. Furthermore, the applicant had met the English language test requirements by achieving an overall IELTS band score of 5.5 in a single attempt. Based on this evidence, the Tribunal concluded that the criterion under clause 457.223(4)(a) was met.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first named applicant meets the specified criteria for a Subclass 457 visa.