HICKS (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of the Department's refusal to approve a nomination made by Make it Cheaper Pty Ltd for the occupation of Contract Administrator. The Tribunal, constituted by R. Skaros, was required to determine whether the applicant was the subject of an approved nomination at the time of the decision.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination. This clause mandates that a nomination must have been approved under section 140GB of the Act, made by a standard business sponsor, and that the approval must not have ceased. The Department had initially refused to approve the nomination, leading to the refusal of the visa application.

The Tribunal reasoned that the sponsor had applied for a review of the Department's decision not to approve the nomination. On 14 March 2018, the Tribunal set aside the Department's decision and substituted a decision approving the nomination in respect of the applicant for the nominated occupation. Consequently, the Tribunal found that there was an approved nomination in respect of the applicant which had not ceased, thereby satisfying the requirements of clause 457.223(4)(a).

Given this finding, the Tribunal determined that the appropriate course was to remit the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant met the criteria under clause 457.223(4)(a).