Kan (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, made by an applicant nominated by Zarpol Holdings Pty Ltd. The Administrative Appeals Tribunal was required to determine 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.

The Tribunal considered the specific requirements of clause 457.223(4)(a), which mandates that a nomination of an occupation relating to the applicant 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 Tribunal noted that while the initial nomination application was refused by the delegate, the Tribunal itself had subsequently approved the nomination, identifying the applicant as the nominee.

Based on its findings, the Tribunal concluded that the applicant met the criteria set out in clause 457.223(4)(a). Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant satisfies this specific criterion. The Minister is to consider the remaining criteria for the Subclass 457 visa.