Wang (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by an applicant nominated for the occupation of 'Accountant (General)' by PG Accountants Pty Ltd. The decision under review was made by the Administrative Appeals Tribunal (AAT), with Member Amanda Mendes Da Costa presiding.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination by a standard business sponsor that has not ceased. The Tribunal also considered the remaining criteria for a Subclass 457 visa, which were not the subject of the specific finding in this instance.

The Tribunal reasoned that the requirement of an approved nomination under cl 457.223(4)(a) was met because, on 12 November 2021, the Tribunal had set aside the Department's decision to refuse the nomination and substituted a decision approving it. The Tribunal noted that this approval had not ceased. Consequently, the Tribunal found that the applicant met the criteria of cl 457.223(4)(a).

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