Singh (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision by the Tribunal. The central issue before the Tribunal was whether the primary visa applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination.

The Tribunal was required to determine if there was an approved nomination for the applicant's occupation, made by a standard business sponsor, which had not ceased. The applicant had provided evidence of a nomination for the occupation of Café or Restaurant Manager, approved by the Department on 5 February 2018, in favour of Neelam Malhotra Pty Ltd, an approved sponsor.

The Tribunal found that the evidence presented satisfied the requirements of subclause 457.223(4)(a). It verified the nomination approval and concluded that it had not ceased. Consequently, the Tribunal determined that the appropriate course was to remit the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, with a direction that the applicant met the nomination requirement.