Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning a Temporary Business Entry (Class UC) visa, Subclass 457. The dispute arose after the Department initially refused to approve a nomination by a standard business sponsor for the applicant's position as a Cook. The Tribunal, however, set aside the Department's refusal and substituted a decision approving the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations. This subclause mandates that a nomination of an occupation relating to the applicant must have been approved by a standard business sponsor and that such approval must not have ceased.

The Tribunal reasoned that although the Department had initially refused the nomination, the Tribunal itself had subsequently set aside that refusal and approved the nomination. The Tribunal was satisfied that the nomination for the applicant as a Cook had been approved under section 140GB of the Act, that the nominator was a standard business sponsor at the time of approval, and that the nomination had not ceased. Consequently, the Tribunal found that the requirements of subclause 457.223(4)(a) were met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa applications to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the first named applicant met the criteria specified in subclause 457.223(4)(a).