Kameyama (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant sponsored by a standard business. The Tribunal was required to determine whether the applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination of an occupation by a standard business sponsor.

The Tribunal considered whether the nomination met the criteria outlined in subclause 457.223(4)(a), specifically that a nomination had been approved under section 140GB of the Act, made by an approved standard business sponsor, and that the approval had not ceased. The Tribunal found that these requirements were satisfied, noting that the nomination was approved on 30 March 2021.

Having found that the criteria under subclause 457.223(4)(a) were met, the Tribunal concluded 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 visa applicant met the criteria specified in subclause 457.223(4)(a).