Deguelle (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision concerning the approval of a nomination for the occupation of Corporate Services Manager. The Tribunal, constituted by K. Chapman, was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria outlined in clause 457.223(4)(a), which mandates an approved nomination by a standard business sponsor that has not ceased. This involved considering whether a nomination, initially refused by the Department, had subsequently been approved by the Tribunal, whether the nominator was a standard business sponsor at the time of approval, and whether that approval remained valid.

The Tribunal found that the nomination of the applicant for the Corporate Services Manager position by Manbulloo Ltd, which had been refused by the Department, was subsequently set aside by the Tribunal on 14 March 2019, with a substituted decision approving the nomination. The Tribunal was satisfied that the nomination had been approved under section 140GB of the Act, that the nominator was a standard business sponsor at that time, and that the nomination had not ceased. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister, with a direction that the applicant had met the criteria specified in clause 457.223(4)(a). The Minister was to then consider the remaining criteria for the Subclass 457 visa.