Manoj Kumar (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), made by Mr Manoj Kumar. The dispute before the Tribunal was whether Mr Kumar met the requirements of clause 457.223(4)(a)(i) of Schedule 2 to the Regulations, which pertains to an approved nomination for the occupation of Transport Company Manager. The Tribunal, constituted by Stavros Georgiadis, was required to determine if this specific criterion was satisfied.

The central legal issue was the satisfaction of clause 457.223(4)(a)(i), which mandates that a nomination of an occupation relating to the applicant must have been approved under section 140GB of the Act and that this approval has not ceased. The Tribunal considered the evidence presented, including a prior decision in a related AAT casefile, which indicated that the nomination made by Desired Group Pty Ltd for Mr Manoj Kumar as a Transport Company Manager had indeed been approved on 4 August 2021.

The Tribunal reasoned that because the nomination had been approved and had not ceased, the requirement under clause 457.223(4)(a)(i) was met. Having found this criterion satisfied, the Tribunal concluded that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant meets the criteria specified in clause 457.223(4)(a)(i).