Parkinson (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, subclass 457, made by Parkinson and another applicant. The dispute concerned the applicants' eligibility for the visa, specifically in relation to the requirement for an approved nomination.

The primary legal issue before the Tribunal was whether the applicants had satisfied the criteria for a subclass 457 visa, particularly concerning the lodgement and approval of a nomination by an employer. The Tribunal was required to determine if the absence of an approved nomination, as initially assessed, was a fatal flaw to the application or if it could be rectified or otherwise addressed.

The Tribunal found that evidence of an approved nomination had been provided, which meant the initial decision to refuse the visa on that ground was incorrect. Consequently, the Tribunal remitted the applications back to the Minister for reconsideration. The Tribunal directed that the first applicant was to be taken as meeting the criteria under cl.457.223(4)(a) of Schedule 2 to the Regulations, allowing for further assessment of the remaining visa requirements.