Feng Holdings Pty Ltd ATF The Feng Family Trust (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by Feng Holdings Pty Ltd ATF The Feng Family Trust. The dispute arose from the refusal of the employer's nomination for the position of Child Care Centre Manager. The Tribunal was required to determine whether the nominated applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The Tribunal considered whether the nomination had been approved, whether the nominator was a standard business sponsor at the time of approval, and whether that approval had ceased. The Tribunal noted that the Department had initially refused the nomination on 29 August 2017, but on 16 October 2019, the Tribunal itself had set aside that refusal and substituted a decision approving the nomination. The Tribunal was satisfied that the nomination for the position of Child Care Centre Manager had been approved under section 140GB of the Migration Act 1958, that the nominator was a standard business sponsor at the time of approval, and that the nomination had not ceased.

Having found that clause 457.223(4)(a) was satisfied, the Tribunal concluded that the appropriate course was to remit the visa applications to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the first named visa applicant met the criteria specified in clause 457.223(4)(a).