Siu (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the relevant regulations, which pertains to standard business sponsorship and approved nominations.

The legal issue before the Tribunal was to determine if the applicant satisfied the criteria outlined in clause 457.223(4)(a). This clause requires that a nomination of an occupation relating to the applicant, made by a standard business sponsor, has been approved and has not ceased. The Tribunal was tasked with assessing whether the evidence presented met this specific regulatory requirement.

The Tribunal found that the requirements of clause 457.223(4)(a) were met. It noted that on 5 October 2021, the nomination of an occupation relating to the applicant by Optimal Way Pty Ltd, a standard business sponsor, had been approved and had not ceased. Consequently, the Tribunal concluded that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa, with a specific direction that the applicant had met the criteria under clause 457.223(4)(a).