Chen (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) – standard business sponsor stream. The applicant’s related nomination application had initially been refused, but this decision was subsequently set aside on review by the Tribunal. The Tribunal was therefore required to determine whether the applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for an approved nomination under clause 457.223(4)(a). This subclause requires that a nomination of an occupation relating to the applicant by a standard business sponsor has been approved and has not ceased. The Tribunal considered the initial refusal of the nomination by a delegate and the subsequent decision by the Tribunal to set aside that refusal and approve the nomination.

The Tribunal reasoned that, following its own decision to approve the nomination, the requirements of clause 457.223(4)(a) were satisfied. Specifically, the Tribunal was satisfied that the nomination for the applicant as a Chef had been approved, that the nominator was a standard business sponsor at the time of approval, and that the nomination had not ceased. Having found that this criterion was met, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for consideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the applicant met the criteria under clause 457.223(4)(a).