Raza (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by a primary applicant for the position of Customer Service Manager. The applicant's nominating employer, True Cleaning Services Pty Ltd, had initially had its nomination application refused by the Department. The employer sought review of this decision before the Tribunal.

The central legal issue before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which pertains to the necessity of an approved nomination by a standard business sponsor that has not ceased. This clause requires that a nomination be approved, that the nominator was a standard business sponsor at the time of approval, and that the approval has not ceased.

The Tribunal reasoned that the initial refusal of the nomination was set aside by the Tribunal on 14 September 2021, with a substituted decision to approve the nomination. Consequently, the Tribunal found that the applicant met the requirement for an approved nomination under clause 457.223(4)(a)(i). Furthermore, the Tribunal noted that the nominating employer was an approved standard business sponsor during the relevant period, satisfying clause 457.223(4)(a)(ii), and that the nomination approval had not ceased, fulfilling clause 457.223(4)(a)(iii).

Given these findings, the Tribunal concluded that the primary applicant met the criteria under clause 457.223(4)(a). Accordingly, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant meets the specified criteria. The reconsideration was to include the remaining criteria for a Subclass 457 visa, as well as the applications of any secondary applicants.