Correa Doria (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the relevant regulations, which pertains to the necessity of an approved nomination by a standard business sponsor. The nominating employer, GWS Engineering Construction Pty Ltd, had initially had its nomination for the applicant's position refused by the Department.

The Tribunal was required to determine if the applicant satisfied the criteria for an approved nomination under clause 457.223(4)(a). This clause mandates that a nomination of an occupation relating to the applicant must have been approved by a standard business sponsor and that such approval must not have ceased. The Tribunal noted that the nominating employer had sought review of the Department's refusal of the nomination, and on review, the Tribunal had set aside the refusal and substituted a decision to approve the nomination.

The Tribunal reasoned that because the nomination had been approved on review, the applicant now satisfied clause 457.223(4)(a). Having made this finding, the Tribunal concluded that the appropriate course of action 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 visa applicant met the criteria specified in clause 457.223(4)(a).