He (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision concerning their visa application, which was linked to an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 457 visa, specifically in light of the Tribunal's finding regarding the approved nomination.

The Tribunal, having made a finding that the applicant met certain criteria, determined that the appropriate course of action was to remit the visa application to the Minister for further consideration of the remaining criteria. The Tribunal directed that the applicant be taken to meet the criteria specified in cl.457..223(4)(a) of Schedule 2 to the Regulations. The application for the visa was remitted for reconsideration.