TAKANO (Migration)

The Administrative Appeals Tribunal considered an application by TAKANO concerning a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 (Temporary Work (Skilled)) visa. The dispute centred on the approval of a nomination for this visa.

The Tribunal was required to determine whether it was necessary to hold a hearing to decide the application, given the material before it. The Tribunal also had to consider the criteria for a Subclass 457 visa, specifically cl 457.223(4)(a)(i) of Schedule 2 to the Regulations.

The Tribunal concluded that a hearing was not necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.