Sensale (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by an applicant whose nominating employer was Amalfi Designs Pty Ltd. The dispute arose from the Department of Home Affairs' initial refusal to approve the nomination for the position of Customer Service Manager. The applicant's employer subsequently sought review of this decision, leading to the matter being considered by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of a nomination for the occupation. This clause requires that a nomination of an occupation relating to the applicant by a standard business sponsor has been approved and has not ceased.

The Tribunal reasoned that the Department's initial refusal to approve the nomination had been set aside by the Tribunal on 28 May 2021, with a substituted decision to approve the nomination. It was also noted that Amalfi Designs Pty Ltd held valid approval as a standard business sponsor. Consequently, the Tribunal concluded that the requirement under clause 457.223(4)(a) had been met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant meets the requirements of clause 457.223(4)(a).