Rizan (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), and related applications for secondary applicants. The primary dispute revolved around whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Regulations, which pertains to an approved nomination by a standard business sponsor. The case came before the Tribunal for reconsideration following a remittal from the Federal Circuit Court.

The legal issue before the Tribunal was to determine if the primary applicant satisfied the criteria outlined in clause 457.223(4)(a), specifically concerning the existence of an approved nomination for the occupation of Customer Service Manager (ANZSCO 149212) by a standard business sponsor, Estate Agents Pty Ltd, which had not ceased. The Tribunal was required to assess whether the prior decision to refuse the nomination application had been appropriately set aside and substituted with an approval.

The Tribunal reasoned that on 22 February 2021, the decision to refuse the nomination lodged by Estate Agents Pty Ltd was set aside and substituted with a decision to approve the nomination. This approved nomination identified the primary applicant for the position of Customer Service Manager. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the primary applicant's visa application to the Minister for consideration of the remaining criteria. Furthermore, as the primary applicant met this criterion, the applications for the secondary applicants were also remitted for reconsideration by the Department.