Kotyk (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, where the applicant’s prospective employer, KJ & AE Pullen, had their nomination for the occupation of Dairy Cattle Farmer refused by the Department. The applicant sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. This required the Tribunal to determine if the nomination had been approved and if that approval remained valid.

The Tribunal reasoned that it had the power under subsection 360(2)(a) of the Act to decide the review in the applicant’s favour based on the material before it. It found that the nomination, initially refused by the Department, had been subsequently approved by the Tribunal on 24 October 2018, setting aside the primary decision. The Tribunal was satisfied that the nomination was made by a standard business sponsor and had not ceased, thus fulfilling the criteria of clause 457.223(4)(a).

Consequently, the Tribunal remitted the application for the Temporary Business Entry (Class UC) visa for reconsideration by the Minister, with a direction that the visa applicant met the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.