VU (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), where the applicant’s nomination had initially been refused. Both the nominating business and the applicant sought review of this decision. The Tribunal was required to determine whether the primary visa applicant met the requirements of cl.457.223(4)(a) of the Migration Regulations 1994, which pertains to an approved nomination by a standard business sponsor that has not ceased.

The Tribunal considered the evidence and found that the initial refusal of the nomination was set aside, and a substituted decision was made to approve the nomination. As a result, the applicant was now the subject of a nomination by a standard business sponsor that had not ceased. The Tribunal concluded that this satisfied the requirements of cl.457.223(4)(a).

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 met the criteria under cl.457.223(4)(a).