DEWI (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant nominated for the position of Café/Restaurant Manager. The core of the dispute revolved around the validity of the approved nomination for this position, which had initially been refused by a delegate but was subsequently set aside and approved by the Tribunal on review. The decision was made by Glenn O'Brien.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a)(i) of Schedule 2 to the Regulations, specifically concerning the requirement for an approved nomination. 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 reasoned that because its prior decision had set aside the delegate's refusal and substituted an approval for the nomination, the requirement under clause 457.223(4)(a) was satisfied. Having determined this specific criterion was met, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that for the purposes of reconsideration, the visa applicant was to be considered as meeting the criteria in clause 457.223(4)(a)(i).