Li (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant nominated by Great World Pty Ltd. The delegate of the Minister had refused the application for approval of the nomination. The applicant sought review of this refusal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal was required to determine if, at the time of its review, there was an approved nomination in place that satisfied the stipulated criteria.

The Tribunal reasoned that on 10 March 2020, it had set aside the delegate's decision to refuse the nomination for the occupation of ‘Chef’. Consequently, the Tribunal found that an approved nomination, as required by clause 457.223(4)(a), was in effect. 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 be considered to meet the criteria under clause 457.223(4)(a).