Tsang (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, Mr. Tsang. The dispute centred on the approval of a nomination for the applicant's occupation as a Chef by the nominating employer, Perfect Capital Pty Ltd. The Department of Home Affairs had initially refused to approve the nomination, leading to the employer's application for review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria under clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of a nomination by a standard business sponsor that had not ceased. This clause mandates that a nomination of an occupation in relation to the applicant must have been approved under section 140GB of the Act, made by a standard business sponsor at the time of approval, and that this approval must not have ceased.

The Tribunal found that the applicant's nominating employer, Perfect Capital Pty Ltd, had an approved standard business sponsorship valid until 21 June 2021. Crucially, on 24 June 2019, the Tribunal had set aside the Department's previous decision and substituted a decision to approve the nomination in respect of the applicant. Consequently, the Tribunal concluded that the requirement under clause 457.223(4)(a) had been met. The Tribunal therefore remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets this specific criterion, allowing for the assessment of the remaining criteria for a Subclass 457 visa.