He (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by an Analyst Programmer. The dispute arose when the Department initially refused to approve the nomination application for the applicant's position. The nominating employer, Grand View International Pty Ltd, sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations. This clause outlines several conditions relating to an approved nomination, including that the nomination must have been approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and that the approval must not have ceased.

The Tribunal found that the applicant met all the criteria under clause 457.223(4)(a). This was because the Tribunal had previously set aside the Department's refusal and substituted a decision to approve the nomination on 27 October 2021. The Tribunal also confirmed that the nominating employer was an approved standard business sponsor at the time of nomination approval and that this approval had not ceased. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, directing that the applicant met the requirements of clause 457.223(4)(a).