Rai (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mr Rakesh Chandra Rai. The application was before the Administrative Appeals Tribunal (AAT) for review of a decision made by the Department of Home Affairs. The primary issue for the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The Tribunal was required to determine whether there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. This involved assessing whether a nomination lodged by Nickal Pty Ltd for the occupation of ICT Support Technician nec (ANZSCO 313199) was approved, whether the sponsor, Nickal Pty Ltd, was a standard business sponsor with a current approval, and whether the approval of the nomination had ceased. The Tribunal considered evidence including written submissions, supporting documentation, and its own previous findings in relation to the nomination application.

The Tribunal found that the nomination application, initially refused by the Department, was subsequently approved by the Tribunal on 2 February 2022. It also found that Nickal Pty Ltd held a current Standard Business Sponsor approval, which was valid until 11 May 2023, and that this approval was current at the time the nomination was approved. Furthermore, the Tribunal relied on its previous findings to conclude that the approval of the nomination had not ceased. Consequently, the Tribunal was satisfied that all requirements of clause 457.223(4)(a) were met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit 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 of Schedule 2 to the Regulations.