Dorel (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work Skilled), made by an applicant nominated by Solid Oak Pty Ltd. The Department had initially refused to approve the nomination, which led to the refusal of the visa application. Solid Oak Pty Ltd sought review of the nomination refusal. The Administrative Appeals Tribunal considered whether the primary visa applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria under cl.457.223(4)(a), which requires an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal was required to determine if the nomination made by Solid Oak Pty Ltd for the occupation of Technical Sales Representative was valid and if Solid Oak Pty Ltd was an approved standard business sponsor whose approval had not ceased.

The Tribunal found that Solid Oak Pty Ltd was approved as a standard business sponsor on 10 July 2015 for a five-year period. Crucially, on 17 July 2018, the Tribunal had set aside the Department's decision not to approve the nomination and had approved the nomination. Based on this, the Tribunal was satisfied that there was an approved nomination by an approved standard business sponsor that had not ceased, thus meeting the requirements of cl.457.223(4)(a).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the visa applicant met the criteria specified in cl.457.223(4)(a) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 457 visa.