STAMPER (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant, Stamper, sought review of a decision relating to their visa application, which was heard in conjunction with a review of an approved position nomination.

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

The Tribunal found that Marys Group Australia Pty Ltd's nomination of the occupation in relation to the applicant had been approved, that Marys Group Australia Pty Ltd was a standard business sponsor at the time of approval, and that the nomination approval had not ceased. Based on these findings, the Tribunal concluded that the applicant met the criteria under subclause 457.223(4)(a).

Consequently, the Tribunal remitted the application for the Temporary Business Entry (Class UC) visa for reconsideration by the Minister, with a direction that the visa applicant meets the criteria specified in subclause 457.223(4)(a). The Minister is to consider the remaining criteria for the Subclass 457 visa.