Kennedy (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, for an applicant seeking to work as a Carpenter. The dispute arose because the applicant's initial nomination with their own company, SMK Solutions Pty Ltd, was not approved due to an expired sponsorship and issues with the training requirements. The applicant subsequently obtained a nomination from Boam Labour Hire Pty Ltd, a company to which SMK Solutions Pty Ltd sub-contracts. The decision was made by Karen Synon, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also had to consider the evidence presented regarding the new nomination by Boam Labour Hire Pty Ltd.

The Tribunal reasoned that the applicant had provided sufficient evidence of a new, approved nomination by Boam Labour Hire Pty Ltd, dated 1 October 2018. This new nomination satisfied the requirements of cl.457.223(4)(a), despite the initial issues with the applicant's original sponsor. The Tribunal noted that it had delayed its decision to allow the Department to consider this new nomination.

Consequently, the Tribunal remitted the application for the Temporary Business Entry (Class UC) visa for reconsideration by the Minister. The Tribunal directed that the visa applicant be considered to meet the criteria of cl.457.223(4)(a) of Schedule 2 to the Regulations, allowing the Minister to assess the remaining criteria for the Subclass 457 visa.