Dangol (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), made by Mr Roshan Dangol, with his wife, Mrs Sakrita Strestha, applying as a member of his family unit. The dispute arose after the Department of Immigration and Border Protection refused the nomination for the position of Accountant (General) and consequently refused the visa applications. The Administrative Appeals Tribunal (the Tribunal) was required to review the decision not to approve the nomination.

The primary legal issue before the Tribunal was whether Mr Dangol met the requirements of cl 457.223(4)(a) of Schedule 2 to the regulations, specifically concerning an approved nomination for the occupation. This clause requires that a nomination of an occupation relating to the applicant has been approved by a standard business sponsor and that this approval has not ceased. The Tribunal also considered the application of Mrs Strestha, which was contingent on the outcome of Mr Dangol's application.

The Tribunal reasoned that the nominating employer, Supporting Independent Living Cooperative Ltd, had successfully sought review of the Department's refusal to approve the nomination. On 17 August 2021, the Tribunal set aside the Department's decision and substituted a new decision to approve the nomination. Consequently, the Tribunal found that Mr Dangol satisfied cl 457.223(4)(a). As the remaining criteria for the Subclass 457 visa had not yet been considered, the Tribunal remitted the applications for reconsideration by the Minister.