LIN (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, for a Sales and Marketing Specialist. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Jennifer Cripps Watts, was tasked with determining whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria outlined in clause 457.223(4)(a), which pertains to the requirement for an approved nomination by a standard business sponsor. This clause mandates that a nomination of an occupation in relation to the applicant must have been approved, made by a standard business sponsor at the time of approval, and that such approval must not have ceased.

The Tribunal found that the applicant had applied for the visa based on a nomination for the occupation of Sales and Marketing Specialist by Auslink. Evidence confirmed that Auslink was an approved standard business sponsor with an approval valid until October 2020. Consequently, the Tribunal was satisfied that an approved nomination by an approved standard business sponsor, Auslink, which had not ceased, was in place. Therefore, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met.

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 met the criteria specified in clause 457.223(4)(a).