Chee (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), brought before the Tribunal by the applicant, Chee. The core of the dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the relevant regulations, which pertains to an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied clause 457.223(4)(a), which mandates that a nomination of an occupation in relation to the applicant must have been approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and that such approval must not have ceased. The Tribunal also considered the broader context of the applicant's eligibility for the subclass 457 visa, which involves meeting various other criteria beyond the nomination requirement.

The Tribunal reasoned that the nomination for the applicant's occupation had indeed been approved on 1 March 2022, thereby satisfying the specific requirements of clause 457.223(4)(a). However, the Tribunal noted that other criteria for the subclass 457 visa remained to be considered. Consequently, the Tribunal concluded that the appropriate course of action was to remit the application for reconsideration by the Minister, with a specific direction that the visa applicant had met the criteria outlined in clause 457.223(4)(a).