Luo (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, made by an applicant nominated by Tea Story (Australia) Pty Ltd. The review applicant, the Tribunal, was required to determine whether the primary visa applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for an approved nomination under subclause 457.223(4)(a), which mandates that a nomination of an occupation relating to the applicant by a standard business sponsor has been approved and has not ceased. The Tribunal also considered the broader implications of this finding for the applicant's eligibility for the subclass 457 visa.

The Tribunal reasoned that the applicant met the requirements of subclause 457.223(4)(a) because the nomination application lodged by Tea Story (Australia) Pty Ltd had been approved by the Tribunal on 9 September 2022, identifying the applicant as the nominee. The Tribunal found that the nomination was for the occupation of Restaurant Manager, made by a standard business sponsor, Tea Story (Australia) Pty Ltd, and that this approval had not ceased. Consequently, the Tribunal determined that the appropriate course 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 first named applicant met the criteria specified in subclause 457.223(4)(a).