Ding (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by an applicant seeking to work as a Management Accountant for Season Group Pty Ltd. The Administrative Appeals Tribunal, constituted by Alan McMurran, was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nomination of the applicant's occupation by Season Group Pty Ltd had been approved and remained valid, as required by clause 457.223(4)(a). This clause mandates that a nomination must have been approved under section 140GB of the Migration Act 1958, made by a standard business sponsor, and that such approval must not have ceased.

The Tribunal found that on 10 June 2021, it had decided to approve the nomination by Season Group Pty Ltd. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met, as the nomination had been approved, made by a standard business sponsor, and its approval had not ceased. Given these findings, the Tribunal determined 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.