YUAIM (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), where the applicant's nominated occupation was ICT Trainer. The Administrative Appeals Tribunal, constituted by Member Alan McMurran, 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 the satisfaction of clause 457.223(4)(a), which mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal had previously set aside a decision to refuse the nomination and substituted a decision approving it, finding that the nominator was a standard business sponsor and the nominated occupation of ICT Trainer related to the applicant.

The Tribunal reasoned that, having found the nominator to be a standard business sponsor and the nomination to be in respect of an occupation that relates to the applicant, and that this approval had not ceased, the requirements of clause 457.223(4)(a) were met. Consequently, the Tribunal concluded 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 met the criteria specified in clause 457.223(4)(a).