Gurung (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mr Gurung. The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994. This clause pertains to the requirement for an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the nomination of the applicant for the occupation of Cook by Penny Banger Pty Ltd met the criteria set out in clause 457.223(4)(a). Specifically, this involved assessing whether a nomination had been approved, whether it was made by a standard business sponsor at the time of approval, and whether that approval had ceased. The Tribunal also considered the period of approval for the nominating employer as a standard business sponsor.

The Tribunal found that the nomination for the applicant had been approved on 8 October 2021, following a review of the Department's earlier refusal. It was also established that the nominating employer, Penny Banger Pty Ltd, was an approved standard business sponsor at the time of the nomination's approval and that this approval had not ceased. Consequently, the Tribunal concluded that the applicant met the requirements of clause 457.223(4)(a).

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant met the criteria under clause 457.223(4)(a). The Minister was to consider the remaining criteria for the Subclass 457 visa, including those relating to the secondary applicant.