MANPREET KAUR (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) visa, by Manpreet Kaur. The applicant's case was heard by the Tribunal, which received evidence from the applicant and representatives of the sponsoring entity, the Trustee for JS & MK Rai Family Trust. The Tribunal's decision was made by Member Wan Shum.

The central legal issue before the Tribunal was whether there was an approved nomination for the applicant by a standard business sponsor that had not ceased. This nomination was a prerequisite for the applicant to be considered for the Subclass 457 visa. The Tribunal was required to determine if the requirements of clause 457.223(4)(a) of the Regulations were satisfied.

The Tribunal found that the Trustee for JS & MK Rai Family Trust had an approved nomination for the occupation of Primary Products Inspectors (nec) in relation to the first named applicant, Manpreet Kaur, under section 140GB of the Act. As this nomination had been approved and had not ceased, the Tribunal concluded that the criterion under clause 457.223(4)(a) was met. Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, directing that the first named applicant met this specific criterion and that the Minister should proceed to assess the remaining criteria for the Subclass 457 visa, including the applicant's suitability for the nominated position.