Wong (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by a visa applicant, with Citiwide Engineering Pty Ltd as the nominating employer. The dispute arose from the Department's refusal to approve the employer's nomination application. The Tribunal, constituted by Member Mary Sheargold, was required to determine whether the visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations.

The Tribunal's reasoning focused on the three sub-requirements of clause 457.223(4)(a). It found that the nomination of the applicant for the occupation of Accountant (General) had been approved under section 140GB of the Act, following the Tribunal's earlier decision to set aside the Department's refusal and substitute an approval. The Tribunal also determined that the nominating employer, Citiwide Engineering Pty Ltd, was an approved standard business sponsor at the time of the nomination approval and that this approval had not ceased. Consequently, the Tribunal concluded that the applicant met the requirements of clause 457.223(4)(a).

Given these findings, 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 meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.