Park (Migration)

The Administrative Appeals Tribunal considered the applications of Ms Yiseul Park and Mr Hyuntae Shin for Temporary Business Entry (Class UC) visas. The primary dispute concerned whether Ms Park met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination for a Subclass 457 visa. Mr Shin's application was contingent on the outcome of Ms Park's application, as he applied as a member of her family unit.

The Tribunal was required to determine if the nomination of Ms Park for the occupation of Contract Administrator had been approved by a standard business sponsor and if that approval had not ceased. The Tribunal also needed to consider the remaining criteria for a Subclass 457 visa, although the specific focus of this decision was on the nomination requirement.

The Tribunal found that the requirements of clause 457.223(4)(a) were met, as a nomination made by the Company in respect of Ms Park for the occupation of Contract Administrator had been approved on 27 November 2020 and had not ceased. The Tribunal outlined Ms Park's duties as a Contract Administrator, which involved developing and implementing contracts, administering them, interpreting contract requirements for clients, managing client relationships and risks, and monitoring work. Based on this finding, the Tribunal remitted Ms Park's application to the Minister for consideration of the remaining visa criteria. Mr Shin's application was also remitted for reconsideration in light of the outcome of Ms Park's application.