Tshuma (Migration)

This matter concerned an application for a Subclass 457 (Temporary Work (Skilled)) visa by Mr. Tshuma and other applicants. The dispute before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. The decision was made by Senior Member Kate Millar of the Administrative Appeals Tribunal.

The legal issue before the Tribunal was to determine if there was an approved nomination for the applicant, made by a standard business sponsor, which had not ceased, as required by clause 457.223(4)(a). This clause mandates that a nomination must have been approved under section 140GB of the Migration Act 1958, made by a standard business sponsor at the time of approval, and that the approval must not have ceased in accordance with regulation 2.75.

The Tribunal reasoned that in a separate decision made on the same day, it had substituted an approval for the nomination, overturning a previous refusal. Consequently, there was now an approved nomination in respect of the first named applicant, which had not ceased, and the sponsor was an approved sponsor. The Tribunal concluded that the requirements of clause 457.223(4)(a) were therefore met.

Given this finding, the Tribunal remitted Mr. Tshuma's application for the visa to the Minister for reconsideration of the remaining criteria. The Tribunal also remitted the applications of the remaining applicants for reconsideration, directing that the first named applicant met the criteria specified in clause 457.223(4)(a).