Li (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, brought by Mr Liyan Li. The dispute centred on whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination for the occupation of Café or Restaurant Manager (ANZSCO 141111). The Administrative Appeals Tribunal (AAT) considered the evidence and submissions presented by the applicant.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria outlined in clause 457.223(4)(a), which requires an approved nomination by a standard business sponsor that has not ceased. This involved assessing whether a nomination had been approved, if the nominator was a standard business sponsor at the time of approval, and if that approval remained valid. The Tribunal also had to consider the specific occupation nominated and other related criteria for the visa.

The Tribunal found that a nomination for the occupation of Café or Restaurant Manager had been approved on 19 March 2019, satisfying clause 457.223(4)(a)(i). It further determined that the nominator, Li Khoon Pty Ltd, was a standard business sponsor when the nomination was approved and that this approval had not ceased, fulfilling clauses 457.223(4)(a)(ii) and (iii). Based on these findings, the Tribunal concluded that the applicant met the requirements 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 first named visa applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the subclass 457 visa.