Kannangara Arachchige (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant, and the review of a decision by the Tribunal. The dispute centred on whether the applicant met the requirements for the visa, specifically concerning an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria for a Subclass 457 visa, particularly clause 457.223(4)(a) of Schedule 2 to the Regulations, which requires an approved nomination by a standard business sponsor that has not ceased. The Tribunal also needed to consider the remaining criteria for the visa if this initial requirement was met.

The Tribunal found that the nominator, Nilanga Kirulapana, met the requirements for approval of the nomination of the position in Australia, and that the Tribunal had previously set aside the delegate's decision to refuse the nomination and substituted a decision approving it. Consequently, the Tribunal concluded that the requirement under 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, with a direction that the visa applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.