LEE (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), before the Tribunal. The dispute centred on whether the primary visa applicant met the requirements of cl 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination by a standard business sponsor.

The legal issue before the Tribunal was to determine if the applicant satisfied the criteria outlined in cl 457.223(4)(a). This clause requires that a nomination of an occupation relating to the applicant has been approved by a standard business sponsor and that this approval has not ceased.

The Tribunal found that the nomination in question, made by SPECTRA TILING NSW PTY LTD, had been approved on 19 February 2021 and had not ceased. Consequently, the Tribunal concluded that the requirements of cl 457.223(4)(a) were met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister, with a direction that the first named applicant satisfies this specific criterion.