Sahu (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), for the occupation of Motor Mechanic (General). The applicant had been nominated by a nominator, but the Department of Immigration had initially refused both the nomination and the subsequent visa application. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met specific criteria related to the nomination.

The Tribunal was tasked with determining three key issues: first, whether a nomination of an occupation in relation to the applicant had been approved under section 140GB of the Act; second, if so, whether the nomination was made by a person who was a standard business sponsor at the time of approval; and third, whether the approval of the nomination had ceased as provided for in regulation 2.75.

In its consideration, the Tribunal found that the nomination for the applicant as a Motor Mechanic had indeed been approved on 2 July 2021, thereby satisfying the first criterion. Furthermore, departmental records confirmed that the nominator was an approved standard business sponsor during the relevant period, fulfilling the second criterion. Finally, the Tribunal was satisfied that none of the circumstances listed in regulation 2.75(2) that would cause a nomination to cease were applicable, meaning the third criterion was also met. As all the subparagraphs of clause 457.223(4)(a) were satisfied, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa.