Carroll (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant nominated for the position of Drainer. The dispute arose from the Department's initial refusal of the nomination application, which was subsequently set aside and substituted with an approval by the Tribunal. The Tribunal was therefore required to consider whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which pertains to an approved nomination by a standard business sponsor that has not ceased.

The Tribunal determined that the applicant satisfied the requirements of clause 457.223(4)(a). This conclusion was based on the finding that the nomination for the applicant had been approved under section 140GB of the Migration Act 1958, that the nominator was a standard business sponsor at the time of approval, and that the approval had not ceased. Having found that this specific criterion was met, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa.