SZE (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant nominated for the position of Accountant (General). The decision under review was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination by a standard business sponsor. 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 has not ceased.

The Tribunal reasoned that although the applicant's nomination had initially been refused by the Department, the AAT had subsequently set aside that refusal and substituted a decision approving the nomination. The Tribunal was satisfied that the nomination for the Accountant (General) position had been approved under section 140GB of the Act, that the nominator was a standard business sponsor at the time of approval, and that the nomination had not ceased. Consequently, the Tribunal concluded that the requirements of subclause 457.223(4)(a) were met.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the Subclass 457 visa, with a direction that the applicant had met the criteria under subclause 457.223(4)(a).