Goncalves Da Silva (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), where the employer's occupation nomination had been refused. The applicant was the subject of an approved nomination, and the decision under review was remitted. The case was heard by Senior Member Michael Cooke of the Tribunal.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination by a standard business sponsor that had not ceased. The Tribunal was required to determine if such an approved nomination existed in relation to the applicant.

The Tribunal reasoned that an approved nomination in respect of the applicant had been made by the Tribunal on 20 January 2020. Consequently, the Tribunal found that the requirements of cl.457.223(4)(a) were met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the first named applicant met the criterion specified in cl.457.223(4)(a).