WU (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), brought before the Tribunal by WU. The central dispute revolved around whether the applicant met the requirements of clause 457.223(4)(a) of the relevant regulations, specifically concerning an approved nomination for the occupation of Chef.

The Tribunal was required to determine if there was an approved nomination for the applicant's occupation by a standard business sponsor, and if that approval had not ceased. This involved examining the history of the nomination application, which had initially been refused by the Department but was subsequently approved by the Tribunal on review. The Tribunal also needed to consider the status of the nominator as a standard business sponsor.

The Tribunal reasoned that clause 457.223(4)(a) was satisfied because the nomination for the applicant's occupation as a Chef had been approved by the Tribunal, and the nominator was an approved standard business sponsor whose approval had not ceased. Having found that this specific criterion was met, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria for a Subclass 457 visa. The Tribunal directed that the visa applicant met the criteria under clause 457.223(4)(a).