BLOCK (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought to rely on a nomination by Make it Cheaper Pty Ltd for the occupation of Contract Administrator. The Department had initially refused to approve the nomination, which led to the refusal of the visa application. The sponsor subsequently sought review of the Department's decision.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination at the time of the decision, as required by clause 457.223(4)(a) of Schedule 2 to the Regulations. This clause mandates that a nomination must have been approved under section 140GB of the Act, made by a standard business sponsor, and that the approval must not have ceased.

The Tribunal reasoned that on 14 March 2018, it had set aside the Department's decision not to approve the nomination and substituted a decision approving the nomination. Therefore, the Tribunal found that there was an approved nomination in respect of the applicant that had not ceased, satisfying the requirements of clause 457.223(4)(a). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, directing that the applicant met the nomination criterion.