KC (Migration)

[2025] ARTA 1016

KC (Migration) [2025] ARTA 1016 (30 May 2025)

DECISION AND  

REASONS FOR DECISION

Applicants:Mr Dipesh KC
Mrs Manila Ghimire KC
Miss Yokta KC

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2307638

Tribunal:Senior Member B Cullen

Place:Brisbane

Date:  30 May 2025

Decision:The Tribunal remits the applications for Temporary Business Entry (Class UC) visas reconsideration, with the direction that the first named Applicant meets the following criteria for a Subclass 457 visa:

· cl.457.223(4)(a) of Schedule 2 to the Regulations.

Statement made on 30 May 2025 at 4:03pm

CATCHWORDS

MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – Federal Court remittal – occupation of Sales and Marketing Manager – nomination approved upon review – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 140
Migration Regulations 1994, Schedule 2, cl 457.223

STATEMENT OF REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs on 5 August 2015 to refuse to grant the visa Applicants Temporary Business Entry (Class UC) Subclass 457 visas under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The visa Applicants applied for the Subclass 457 visa on 11 March 2015. The Delegate refused to grant the visa on the basis cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not met because the first named visa Applicant, Mr Dipesh KC, was not the subject of an approved nomination.

3. The issue in the present case is whether there is an approved nomination of an occupation relating to the first named Applicant by a standard business sponsor that has not ceased.

4. On 30 May 2025, the Tribunal approved the nomination made by Australian Harvard International College, for the nominated occupation of Sales and Marketing Manager ANZSCO 131112 under s.140GB of the Act. The nomination relates to the first named Applicant. There is thus an approved nomination in respect of the first named Applicant; and that nomination has not ceased. The requirements of cl.457.223(4)(a) are thus met.

5. Given the Tribunal’s finding that the requirements in cl.457.223(4)(a) of the Regulations are met, the appropriate course is to remit the applications for Subclass 457 visas to the Minister to consider the remaining criteria.

   DECISION

6. The Tribunal remits the applications for Temporary Business Entry (Class UC) visas for reconsideration, with the direction that the first named Applicant meets the following criteria for a Subclass 457 visa:

   · cl.457.223(4)(a) of Schedule 2 to the Regulations.

   Date(s) of hearing:  7 April 2025

   Representative for the Applicant:           Mr Ray Turner