XU (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision concerning their visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to an approved nomination by a standard business sponsor. The Tribunal also had to determine the appropriate course of action given its findings on this criterion.

The Tribunal reasoned that due to a previous decision, there was now an approved nomination in respect of the applicant by 'AUSTRALIA MULTI-NATURE Pty Ltd'. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met. Given this finding, the Tribunal determined that the appropriate course 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 under clause 457.223(4)(a).