Palliyaguru (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by a primary applicant and two secondary applicants. The dispute arose from the Department's refusal to approve the nomination of the primary applicant for the position of Taxation Accountant by the nominating employer, Lead Accounting & Taxation Services Pty Ltd. The Tribunal was asked to review this refusal.

The central legal issue before the Tribunal was whether the primary visa applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of a nomination for a Subclass 457 visa. This clause requires, among other things, that a nomination of an occupation in relation to the applicant has been approved under section 140GB of the Migration Act 1958, made by a standard business sponsor, and that the approval has not ceased.

The Tribunal reasoned that the requirement of cl.457.223(4)(a) had been met because it had previously set aside the Department's decision to refuse the nomination and substituted a decision to approve the nomination under r.2.72. Having found that this specific criterion was satisfied, the Tribunal determined that the appropriate course was to remit the primary applicant's visa application to the Minister for reconsideration of the remaining criteria. Consequently, the applications of the secondary applicants, who were applying as members of the primary applicant's family unit, were also remitted for full reconsideration.