Tian Hock Development Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), in the matter of Tian Hock Development Pty Ltd. The dispute concerned the refusal of a related position nomination application, which had been set aside on review, leading to the remittal of the visa application.

The primary legal issue before the Tribunal was to determine the appropriate course of action regarding the visa application, given that the associated nomination application had been successful on review. Specifically, the Tribunal needed to ascertain which criteria for the Subclass 457 visa remained to be considered.

The Tribunal, having set aside the refusal of the nomination application, reasoned that the visa applicant should be considered to meet certain criteria for a Subclass 457 visa. The Tribunal remitted the visa applications for reconsideration by the Minister, directing that the applicant meets the criteria specified in cl 457.223(4)(a) of Schedule 2 to the Regulations. The remaining criteria to be considered by the Minister included whether the applicant possessed the necessary skills, qualifications, and employment background to perform the tasks of the nominated occupation.