SUMANG (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, Sumang. The core dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of the relevant regulations, which pertains to an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in clause 457.223(4)(a), specifically concerning the existence and validity of an approved nomination for the occupation of Metal Fabricator/Welder by a standard business sponsor, Allshelter Pty Ltd. This clause mandates that a nomination must have been approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and that such approval must not have ceased.

The Tribunal reasoned that the nomination for the applicant as a nominee for a Subclass 457 visa, made by Allshelter Pty Ltd, had indeed been approved on 5 November 2020. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met. Given this finding, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria. The Tribunal directed that for the purposes of reconsideration, the visa applicant was to be considered to meet the criteria of clause 457.223(4)(a).