Sarapas (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457. The Tribunal was required to determine whether the primary visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination of an occupation by a standard business sponsor that has not ceased.

The Tribunal considered the evidence and found that on 12 August 2021, it had set aside the Department's decision regarding the nominator and substituted a decision approving the nomination. The nominator was identified as a standard business sponsor whose sponsorship was current until 20 February 2022. Consequently, the Tribunal concluded that there was an approved nomination of an occupation under section 140GB of the Act, made by a standard business sponsor, which had not ceased.

Based on these findings, the Tribunal determined that the requirements of clause 457.223(4)(a) were met. The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the visa applicant meets this specific criterion for a Subclass 457 visa. The Minister was to consider the remaining criteria for the visa.