PHAN (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457. The Tribunal was required to determine whether the applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination. The partnership of JJ and SP Chow was an approved standard business sponsor, and the nominated occupation was Café or Restaurant Manager.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria outlined in clause 457.223(4)(a), which mandates an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. This involved assessing whether a nomination had been approved, if it was made by a current standard business sponsor, and if that approval remained valid.

The Tribunal found that the requirements of clause 457.223(4)(a) were met. It noted that on 23 July 2021, the Tribunal had set aside a previous nomination decision and substituted it with an approval. The Tribunal further found that the nomination for Café or Restaurant Manager was made by the partnership of JJ and SP Chow, who were a current standard business sponsor, and that this nomination had not ceased. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria, with a direction that the visa applicant met the requirements of clause 457.223(4)(a).