Neupane (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), brought by Mr Neupane. The dispute arose from the refusal of a nomination by the applicant's prospective employer, Fairfield Rooster Bar Pty Ltd, by a delegate of the Minister. The Administrative Appeals Tribunal (AAT) was required to consider whether the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994 were met.

The primary legal issue before the Tribunal was whether the applicant's nomination had been approved, as required by clause 457.223(4)(a)(i). The Tribunal noted that while the nomination had initially been refused by the Department on 16 July 2015, Fairfield Rooster Bar Pty Ltd had lodged an application for review of that decision. The Tribunal, on 18 April 2018, set aside the Department's refusal and substituted a decision to approve the nomination.

The Tribunal reasoned that, following its own decision to approve the nomination, the requirement under clause 457.223(4)(a) was now satisfied. It found that Fairfield Rooster Bar Pty Ltd was an approved standard business sponsor and now had an approved nomination in respect of the applicant. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the visa applicant met the criteria specified in clause 457.223(4)(a).