Subedi Bartaula (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), where the employer's occupation nomination had initially been refused. The applicant was the subject of an approved nomination. The decision under review was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination of an occupation by a standard business sponsor that has not ceased.

The Tribunal reasoned that on 16 January 2020, it had set aside the department's decision not to approve the nomination and substituted a decision approving the nomination. The Tribunal found that the sponsor, Tachy Pty Ltd, satisfied regulation 2.72(10)(f) and other prescribed criteria. It concluded that the nomination was made by a standard business sponsor at the time of receipt and that the approval had not ceased, thus satisfying clause 457.223(4)(a).

Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant met the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.