Obrenovic (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), made by Mr Obrenovic. The dispute arose because, at the time of the initial delegate's decision, there was no approved nomination for the applicant by his sponsoring employer, Lake Valley Carpentry Pty Ltd. The Tribunal, constituted by Member Alison Mercer, was required to determine whether the applicant met the criteria for the visa, specifically concerning the requirement for an approved nomination.

The primary legal issue before the Tribunal was whether clause 457.223(4)(a) of Schedule 2 to the Regulations had been met. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal also implicitly considered the effect of a subsequent review decision on the applicant's eligibility.

The Tribunal reasoned that while the nomination was initially refused, a subsequent review by the Tribunal itself had set aside that refusal and substituted a decision to approve the nomination. The Tribunal was satisfied that Lake Valley Carpentry Pty Ltd was an approved standard business sponsor whose approval had not ceased. Therefore, the Tribunal concluded that the requirement under clause 457.223(4)(a) was now met.

Consequently, the Tribunal remitted the application for the Temporary Business Entry (Class UC) visa for reconsideration by the Minister, with a direction that the visa applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the subclass 457 visa.