Sarukkan Arachchiralalage Silva (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Sarukkan Arachchiralalage Silva and other applicants. The dispute arose from the Department of Home Affairs' refusal to approve the nomination of the occupation of Accountant (General) for the first applicant, LJ Consulting Services. The case came before the Tribunal for review of this refusal.

The primary legal issue before the Tribunal was whether the first applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning the approval of a nomination for the occupation. The Tribunal also considered the applications of the second, third, and fourth named applicants, who applied as members of the family unit of the first applicant.

The Tribunal reasoned that clause 457.223(4)(a) requires an approved nomination that has not ceased. It noted that the Department had initially refused the nomination, but the Tribunal had subsequently set aside that decision and substituted an approval of the nomination on 21 February 2019. As the nominating employer, LJ Consulting Services, was also a valid standard business sponsor, the Tribunal concluded that the first applicant met the criteria under clause 457.223(4)(a). Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first applicant met this specific criterion. The applications of the other named applicants were to be determined by reference to the outcome of the first applicant's application.