MEHTA (Migration)

This matter concerned an appeal before the Tribunal regarding a decision to refuse a nomination for a Temporary Business Entry (Class UC) visa, Subclass 457. The applicant sought reconsideration of the decision to refuse the nomination, with the Tribunal ultimately setting aside the original decision and substituting an approval for the nomination.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of the Regulations, which pertains to the necessity of an approved nomination for an occupation by a standard business sponsor that has not ceased. The Tribunal was required to determine if, at the time of its decision, there was an approved nomination in respect of the applicant.

The Tribunal reasoned that on 4 January 2018, it had set aside the department's decision to refuse the nomination for the occupation of ‘Hair or Beauty Salon Manager’ and substituted a decision approving the nomination. Consequently, the Tribunal concluded that the requirement of clause 457.223(4)(a) was 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 first named applicant met the criteria under clause 457.223(4)(a).