Tam (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. The central dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the relevant regulations, specifically concerning an approved nomination for the occupation of ‘Web Developer’ by Pro-Tential Pty Ltd.

The Tribunal was required to determine if the applicant satisfied clause 457.223(4)(a), which mandates an approved nomination for the applicant's occupation by a standard business sponsor that has not ceased. This involved assessing whether the nomination itself met the stipulated criteria under the Act and regulations.

The Tribunal reasoned that on 28 February 2018, it had set aside the department's decision to refuse the nomination and substituted a decision approving it. 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 visa application to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant be considered to meet the criteria under clause 457.223(4)(a).