Matha (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa. The central dispute concerned whether the primary visa applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied the criteria set out in clause 457.223(4)(a). This clause mandates that a nomination of an occupation for the applicant must have been approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and that this approval must not have ceased.

The Tribunal found that a nomination for the applicant had been approved on 12 November 2020, in relation to an occupation for the applicant as a nominee for a Subclass 457 visa, working for Lee Massage & Acupuncture Campbelltown. Based on this finding, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, with a direction that the visa applicant meets the criteria under clause 457.223(4)(a).