Park (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision relating to their visa application, which was linked to an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, specifically concerning an approved nomination of an occupation by a standard business sponsor that had not ceased. The Tribunal also had to consider the implications of a prior decision by the delegate to refuse the nomination and a subsequent decision by the Tribunal to set aside that refusal and approve the nomination.

The Tribunal reasoned that although the delegate had initially refused to approve the nomination, the Tribunal itself had, on 25 June 2019, set aside that decision and substituted a decision approving the nomination. The Tribunal was satisfied, based on the evidence before it, that the nominated position was genuine and that the sponsor met the relevant regulatory criteria. Consequently, the Tribunal found that a nomination had now been approved under section 140GB of the Act, that the approval had not ceased, and that the nomination was made by a standard business sponsor at the time of approval. Therefore, the requirements of clause 457.223(4)(a) were met.

Given these findings, 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.