Zhang (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by a primary applicant and three other applicants as members of his family unit. The dispute centred on whether the primary applicant met the requirements of subclause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination of an occupation by a standard business sponsor. The case was heard by the Tribunal.

The legal issue before the Tribunal was to determine if the primary visa applicant satisfied the criteria set out in clause 457.223(4)(a). This clause requires that a nomination of an occupation relating to the applicant has been approved by a standard business sponsor and that this approval has not ceased. The Tribunal was required to consider the Department's initial refusal to approve the nomination and the subsequent review decision.

The Tribunal found that the nominating employer, Fast Cabinets Pty Ltd, had applied for approval of the position of Production Manager (Manufacturing) for the applicant. Although the Department initially refused this nomination, the Tribunal, on review, set aside that decision and substituted an approval of the nomination under regulation 2.72. 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 primary applicant's visa application, along with those of his family members, to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant meets the requirements of clause 457.223(4)(a).