Kelly (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision concerning their visa application. The Tribunal, constituted by K. Chapman, was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for an approved nomination under clause 457.223(4)(a). This clause requires that a nomination of an occupation relating to the applicant has been approved by a standard business sponsor and that this approval has not ceased. The Tribunal noted that the Department had initially refused the nomination, but the Tribunal itself had subsequently set aside that refusal and substituted a decision approving the nomination.

The Tribunal reasoned that it had previously determined that the nomination for the applicant as a Chef was approved under section 140GB of the Act. Furthermore, the Tribunal was satisfied that at the time of this approval, the nominator was a standard business sponsor and that the nomination had not ceased. Based on these findings, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied this specific criterion.