Yang (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant, Yang, sought review of decisions by the Department to refuse to approve a nomination for the position of Customer Service Manager. The Administrative Appeals Tribunal (AAT) considered whether the applicant met the requirements of clause 457.223(4)(a) of the Regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 457.223(4)(a), which requires an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. This involved assessing whether a nomination for the applicant as a Customer Service Manager had been approved, if the nominator was a standard business sponsor at the time of approval, and if that approval had ceased.

The Tribunal found that previous nominations by Daily Asian Australia Pty Ltd had been refused by the Department. However, the Tribunal had previously set aside two of these refusal decisions and substituted them with decisions approving the nomination. The Tribunal was satisfied that the nomination for the applicant in the occupation of Customer Service Manager had been approved under section 140GB of the Act, that the nominator was a standard business sponsor at the time of approval, and that the nomination had not ceased. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were met.

Given these findings, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the Subclass 457 visa.