Mettu (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), made by a primary applicant, referred to as the nominee, and a secondary applicant, his wife. The dispute arose from the Department's refusal of the visa application, which was based on the grounds that the nominee did not meet the requirements of clause 457.223(4)(a) of the Migration Regulations 1994 (Cth) because the nomination for the position of Café or Restaurant Manager had been refused.

The primary legal issue before the Tribunal was whether the nominee satisfied the criteria under clause 457.223(4)(a), which requires an approved nomination by a standard business sponsor that has not ceased. The Tribunal noted that the Department's refusal was predicated on the initial refusal of the nomination by the nominating employer. However, the Tribunal had previously reviewed and set aside the decision to refuse the nomination, substituting it with a decision to approve the nomination.

The Tribunal reasoned that because the nomination was now approved and had not ceased, the requirement under clause 457.223(4)(a) was met. Consequently, the Tribunal concluded that the nominee satisfied this specific criterion for the subclass 457 visa. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining criteria for the subclass 457 visa.