KOIRALA (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by the applicant, Koirala. The dispute concerned whether the applicant met the criteria for this visa, specifically in relation to the nominated occupation of Management Accountant.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause relates to the criteria for a Subclass 457 visa.

The Tribunal found that the applicant did meet the requirements of clause 457.223(4)(a) of the Regulations. Consequently, the Tribunal remitted the applicants’ application for the visa back to the Minister for further consideration of the remaining criteria. The Tribunal directed that the first named applicant meets the criteria specified in cl.457.223(4)(a) of Schedule 2 to the Regulations.