Chan (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by a visa applicant in relation to a nominated position of Sales and Marketing Manager. The applicant's sponsor was Canaan Lawyers, which had been approved as a standard business sponsor. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, specifically concerning an approved nomination.

The Tribunal considered whether the nomination had been approved under section 140GB of the Migration Act 1958, whether it was made by a standard business sponsor, and crucially, whether the approval of the nomination had ceased to have effect under regulation 2.75 of the Migration Regulations. The Tribunal examined each sub-regulation of 2.75, considering whether the sponsor had withdrawn the nomination, whether the 12-month period from the grant of nomination approval had expired, whether a visa had been granted, whether the sponsorship approval had ceased, or whether the nomination was linked to a work agreement.

The Tribunal found that the nomination was approved on 30 October 2018. It was satisfied that Canaan Lawyers was a standard business sponsor at that time and that the sponsorship approval had not ceased. Critically, the Tribunal determined that the 12-month period for the nomination's effect, as stipulated by regulation 2.75(2)(b), had not yet expired at the time of the decision. Furthermore, none of the other grounds for cessation under regulation 2.75 were found to apply. Consequently, the Tribunal concluded that the applicant met the requirements of clause 457.223(4)(a).

As a result of these findings, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfied the criteria under clause 457.223(4)(a) for a Subclass 457 visa.