KIM (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought before the Tribunal by the applicant, KIM. The central dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, specifically concerning an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied clause 457.223(4)(a), which 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. This involved considering a prior decision by the Department to refuse the nomination application, which had been subject to merits review by the Tribunal.

The Tribunal reasoned that it had previously set aside the Department's decision to refuse the nomination on 26 August 2021. Consequently, the Tribunal found that the applicant was the subject of an approved nomination by a standard business sponsor that had not ceased, thereby satisfying the requirements of clause 457.223(4)(a). The Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, with a direction that the applicant met the criterion specified in clause 457.223(4)(a).