Lawler (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. The central dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the relevant regulations, which pertains to an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in clause 457.223(4)(a). This clause mandates that a nomination of an occupation relating to the applicant must have been approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and that such approval must not have ceased.

The Tribunal found that the applicant's employer's nomination was approved on 1 February 2022. Consequently, the Tribunal concluded that the requirement of clause 457.223(4)(a) was met. Given this finding, the Tribunal determined 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. The Tribunal directed that the visa applicant meets the criteria specified in clause 457.223(4)(a).