Fair (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mr Fair. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant, Mr Fair, met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994. This subclause pertains to the criteria for a standard business sponsor and an approved nomination in relation to the applicant.

The Tribunal found that on 8 March 2022, the nomination made by the sponsor for Mr Fair, in the nominated occupation of Transport Company Manager, was approved. Consequently, the Tribunal concluded that the requirements of subclause 457.223(4)(a) were met. The Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the visa applicant meets the criteria specified in subclause 457.223(4)(a).