Kahlon (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) – standard business sponsorship stream. The applicant sought review of the refusal of their nomination application. The Tribunal, constituted by K. Chapman, considered the applicant's eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination by a standard business sponsor. This clause requires that a nomination of an occupation in relation to the applicant has been approved, that the nominator was a standard business sponsor at the time of approval, and that the approval has not ceased.

The Tribunal found that while the nomination had initially been refused by the Department, a previous Tribunal decision had set aside that refusal and substituted a decision approving the nomination. The Tribunal was satisfied that the nomination for the applicant as a Customer Service Manager had been approved, the nominator was a standard business sponsor at that time, and the nomination had not ceased. Consequently, the Tribunal concluded that clause 457.223(4)(a) was satisfied.

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