Henry (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, by an applicant nominated by Magic Memories. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the primary visa applicant met the requirements of cl.457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the nomination of the applicant by Magic Memories was approved and had not ceased, as required by cl.457.223(4)(a). This clause mandates that a nomination must have been approved under section 140GB of the Migration Act 1958, made by a standard business sponsor at the time of approval, and that the approval must not have ceased.

The Tribunal reasoned that a delegate of the Department of Immigration had initially refused the nomination application on 27 July 2016. However, on review, the Tribunal had made a decision on 5 July 2018 approving the nomination. Consequently, the Tribunal concluded 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 visa application to the Minister for reconsideration, with a direction that the visa applicant meets the criteria specified in cl.457.223(4)(a) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the Subclass 457 visa.