Le (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled) – Standard business sponsor stream). The applicant sought review of a decision by the Administrative Appeals Tribunal. The Tribunal, constituted by Member Wan Shum, considered evidence presented by the applicant and on behalf of the sponsoring business, Fine Fettle Foods Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.457.223(4)(a) of the Regulations. This clause mandates that there must be an approved nomination for an occupation related to the applicant by a standard business sponsor, and that such nomination must not have ceased.

The Tribunal found that Fine Fettle Foods Pty Ltd’s application for the nomination of an Accountant, in relation to the applicant, had been approved on 25 July 2018 under s.140GB of the Act. As this nomination was approved and had not ceased, the Tribunal concluded that the requirements of cl.457.223(4)(a) were satisfied. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met this specific criterion.