MELEGARI (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) visa. The applicant’s visa application was refused by the Department because the nomination application lodged by their nominator, Pro-Coatings Pty Ltd, was refused. The applicant did not provide a response to the Department’s request for comments within the prescribed period. The decision was reviewed by the Tribunal, presided over by Mr S Norman.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also had to consider the appropriate course of action given the circumstances of the case.

The Tribunal reasoned that while the nomination was initially refused by the Department, it was subsequently approved by the Tribunal on 21 October 2020. This subsequent approval meant that the requirement under clause 457.223(4)(a) was satisfied. Consequently, the Tribunal determined that the appropriate course was to remit the visa application back to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, with a direction that the applicant meets the nomination criteria.