YUAN (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by Mr. Chi Yuan. The dispute arose when the nomination for the occupation of Marketing Specialist (ANZSCO 225113) by SA Green Glory Pty Ltd was initially refused by the Department. The case came before the Tribunal for review of the Department's decision.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations. This subclause mandates that a nomination of an occupation in relation to the applicant must have been approved by a standard business sponsor and that this approval must not have ceased. The Tribunal was required to assess whether the nomination, initially refused by the Department, had been validly approved and if the other conditions under clause 457.223(4)(a) were satisfied.

The Tribunal reasoned that it had previously set aside the Department's decision not to approve the nomination and substituted a decision approving it on 18 March 2019. It found that SA Green Glory Pty Ltd was a standard business sponsor at the time of the nomination's approval and that the approval had not ceased, thereby satisfying clause 457.223(4)(a). Given these findings, 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, with a direction that the applicant met the criteria under clause 457.223(4)(a).