Sawat (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, made by an applicant whose employer, Turmeric Co Pty Ltd, had previously had a nomination application refused by the Department. The applicant sought review of the delegate's decision to refuse the visa. The Tribunal was required to determine whether the applicant was the subject of an approved nomination as required by clause 457.223(4)(a) of Schedule 2 to the Regulations.

The Tribunal considered the history of the nomination application, which was initially refused by the Department on 18 July 2016. The employer sought review of this refusal, and on 21 February 2018, the Tribunal set aside the Department's decision and substituted a decision to approve the nomination. The Tribunal found that Turmeric Co Pty Ltd was an approved standard business sponsor until 3 January 2022. Applying the facts to the legislative requirements, the Tribunal concluded that the requirement for an approved nomination under clause 457.223(4)(a) was now met.

Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the visa applicant be considered to meet the criteria under clause 457.223(4)(a) of Schedule 2 to the Regulations.