Dasari (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work Skilled), by Mr. Dasari, with Global Retail Pty Ltd as the sponsor. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the *Migration Regulations 1994* (Cth).

The primary legal issue before the Tribunal was whether the nomination of the occupation of ‘Retail Buyer’ by Global Retail Pty Ltd in respect of the applicant had been approved and had not ceased. This requirement is stipulated in clause 457.223(4)(a) of the Regulations.

The Tribunal found that on 5 March 2018, it had set aside the department's decision to refuse the nomination and substituted a decision approving the nomination. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met. The Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant met the criteria under clause 457.223(4)(a).