Farnell (Migration)

The matter before the Tribunal concerned an application for a Temporary Business Entry (Class UC) visa, commonly known as a Subclass 457 visa. The applicant sought to have the decision regarding their visa application reconsidered.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994, specifically concerning the approval of a nomination for the applicant's occupation. This involved determining if a nomination had been approved under section 140GB of the Migration Act 1958, if the nominator was a standard business sponsor at the time of approval, and if that approval had not ceased in accordance with regulation 2.75.

The Tribunal found that the applicant had provided a Notice of Decision confirming the approval of a nomination by Advanced Veterinary Care Pty Ltd for the role of Veterinary Nurse on 23 February 2018. Evidence also demonstrated that Advanced Veterinary Care Pty Ltd was an approved standard business sponsor from 14 February 2018, thus satisfying the requirements of subclauses 457.223(4)(a)(i) and (ii). Regarding subclause 457.223(4)(a)(iii), the Tribunal noted that the approval of a nomination ceases under various circumstances outlined in regulation 2.75(2), but there was no evidence before the Tribunal that the sponsor had withdrawn the nomination. Consequently, the Tribunal concluded that the criteria under subclause 457.223(4)(a) were met.

The Tribunal remitted the application for the Temporary Business Entry (Class UC) visa for reconsideration by the Minister, with a direction that the visa applicant meets the criteria specified in subclause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994.