Jung (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary issue before the Tribunal was whether the applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the nomination for the occupation of 'Cook' lodged by Gami Corp Pty Ltd in respect of the applicant had been approved and had not ceased. The Tribunal had previously set aside the Department's decision to refuse this nomination on 4 March 2020.

The Tribunal found that, by reason of its prior decision to set aside the refusal of the nomination, the requirements of cl.457.223(4)(a) were met. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the visa applicant meets this specific criterion. The Minister is to consider the remaining criteria for a Subclass 457 visa.