Pazhamalai (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought before the Tribunal. The central dispute revolved around whether the primary visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination by a standard business sponsor.

The legal issue before the Tribunal was to determine if the applicant satisfied the criteria outlined in clause 457.223(4)(a). This clause requires that a nomination of an occupation relating to the applicant has been approved under section 140GB of the Act, that the nomination was made by a standard business sponsor at the time of approval, and that this approval has not ceased.

The Tribunal found that the nomination in this case had been approved on 29 September 2021, thereby satisfying the requirement of clause 457.223(4)(a). Consequently, the Tribunal concluded that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant meets the criteria specified in clause 457.223(4)(a).