Srinivas Sastri (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, Srinivas Sastri. The dispute centred on whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, in relation to an approved nomination by Camperdown Powder Pty Ltd for the occupation of Food Technologist.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 457.223(4)(a), which pertains to standard business sponsorship. Specifically, this involved assessing whether a nomination for the applicant's occupation had been approved, if that nomination was made by a standard business sponsor whose approval had not ceased, and if the nominated occupation was specified in the relevant legislative instruments. The Tribunal also implicitly considered the other subclauses of 457.223, as the decision remitted the application for consideration of "remaining criteria."

The Tribunal reasoned that the requirements of clause 457.223(4)(a) were met because the applicant's sponsor, Camperdown Powder Pty Ltd, had its nomination approved on 31 January 2022, the nominated occupation of Food Technologist was valid, and the applicant continued to be employed in that role. Having found that this specific criterion was satisfied, the Tribunal concluded that the appropriate course of action was to remit the application to the Minister for reconsideration of the remaining criteria for the Subclass 457 visa.

Consequently, the Tribunal remitted the application for a Temporary Business Entry (Class UC) visa for reconsideration, directing that the visa applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.