Raval (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Work (Skilled) (Subclass 457) visa. The applicant sought the visa based on a nomination for the occupation of Airconditioning and Refrigeration Mechanic by their associated sponsor, SA INDUSTRIAL SERVICES NSW PTY LTD ATF ELREP SERVICES TRUST (now Noorco Pty Ltd). The Department had initially refused the visa application, finding that the applicant did not meet criterion 457.223(4)(a) because the nomination had been refused.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which mandates an approved nomination by a standard business sponsor that has not ceased. The Tribunal also implicitly considered whether the subsequent approval of the nomination by the Tribunal rectified the initial deficiency in the visa application.

The Tribunal reasoned that while the Department had refused the nomination at the time of its decision, the nomination was subsequently approved by the Tribunal on 2 December 2020. This subsequent approval meant that the requirement under clause 457.223(4)(a) was now satisfied. Consequently, the Tribunal found it appropriate to remit the visa application back to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the first named applicant met the criteria under clause 457.223(4)(a).