SUN (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal, constituted by Alan McMurran, was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the relevant regulations.

The central legal issue before the Tribunal was the interpretation and application of clause 457.223(4)(a), which mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal considered the evidence presented regarding the nomination and its approval status.

The Tribunal found that on 6 October 2020, it had made a decision approving the nomination by the nominator and setting aside the delegate's decision. Based on this prior finding, the Tribunal concluded that the applicant, as the nominee, satisfied the requirements of clause 457.223(4)(a). Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the visa applicant met the criteria under clause 457.223(4)(a).