LEEM (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, where the primary applicant sought reconsideration of a decision by the Administrative Appeals Tribunal. The core dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the nomination of the applicant's occupation had been approved under section 140GB of the Migration Act 1958, if the nominator was a standard business sponsor at the time of approval, and if that approval had not ceased. The Tribunal also needed to consider the remaining criteria for the Subclass 457 visa, which were not addressed in the initial review.

The Tribunal found that the nomination of the occupation in relation to the applicant had been approved, and the sponsor was a standard business sponsor at the time of approval, with no indication that the approval had ceased. Consequently, the Tribunal concluded that clause 457.223(4)(a) was satisfied.

The Tribunal remitted the applications for reconsideration by the Minister, directing that the first named applicant met the criteria under clause 457.223(4)(a) of Schedule 2 to the Regulations, and that the Minister should proceed to consider the remaining visa requirements.