VIKAU (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, where the applicant sought review of a decision. The Tribunal, constituted by Senior Member Michael Cooke, was required to consider whether the applicant met the criteria for the visa, specifically in relation to an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 457.223(4)(a) of Schedule 2 to the Regulations, which mandates an approved nomination by a standard business sponsor that has not ceased. The Tribunal also implicitly considered the remaining criteria for the subclass 457 visa, as the matter was remitted for further consideration by the Minister.

The Tribunal found that the requirements of clause 457.223(4)(a) were met, noting that an approved nomination in respect of the applicant had been made on 9 October 2018. Based on this finding, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria.

Consequently, the Tribunal remitted the application for a Temporary Business Entry (Class UC) visa for reconsideration, with a direction that the visa applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.