Rapi (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by the first applicant, with the second, third, and fourth applicants applying as members of the first applicant's family unit. The dispute arose when the Department of Home Affairs refused to approve the nomination of the occupation of Customer Service Manager by the nominating employer, Om Jewellers. The Tribunal was required to review this decision.

The primary legal issue before the Tribunal was whether the first applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also considered the implications of its decision on the applications of the other named applicants, who were family members.

The Tribunal reasoned that the nominating employer's application for approval of the nomination had been refused by the Department, but this decision was subsequently set aside by the Tribunal on 16 February 2021, with a substituted decision to approve the nomination. As Om Jewellers held a valid standard business sponsor approval from 11 February 2021 to 11 February 2026, and the relevant nomination had now been approved, the Tribunal concluded that the first applicant met the requirement under cl.457.223(4)(a).

Consequently, the Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant meets the requirements of cl.457.223(4)(a). The applications of the second, third, and fourth named applicants were to be determined by reference to the outcome of the first applicant's application upon remittal.