Ird (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), under the standard business sponsorship stream. The applicant, Ms Ird, had her related nomination application refused, but this refusal was subsequently set aside on review. The decision was made by Katie Malyon, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.457.223(4)(a) of the Regulations, which related to the approved position nomination. The Tribunal was required to determine the appropriate course of action given its findings on this criterion.

The Tribunal found that the requirements of cl.457.223(4)(a) of the Regulations were met by the applicant. Consequently, the Tribunal determined that the appropriate course was to remit Ms Ird’s application for the visa back to the Minister for further consideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the applicant met the criterion specified in cl.457.223(4)(a) of Schedule 2 to the Regulations.