Woo (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant nominated for the position of Wall and Floor Tiler by JP Tiling Pty Ltd. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. The Tribunal noted that the nomination had initially been refused by a delegate but was subsequently set aside and approved by the Tribunal on 5 January 2022. The Tribunal considered the evidence and was satisfied that the nomination had been approved under section 140GB of the Migration Act 1958, that the nominator was a standard business sponsor at the time of approval, and that the nomination had not ceased.

The Tribunal reasoned that because clause 457.223(4)(a) was satisfied, the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant met the criteria under clause 457.223(4)(a). The Tribunal remitted the application for a Temporary Business Entry (Class UC) visa for reconsideration with this direction.