Zhu (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mr Zhian Zhu. The dispute arose because the delegate refused to grant the visa on the basis that a nomination of an occupation in relation to the applicant had not been approved under section 140GB of the Act, as required by clause 457.223(4)(a)(i) of the Regulations. The Administrative Appeals Tribunal (AAT) was required to determine whether the primary visa applicant met the requirements of clause 457.223(4)(a).

The Tribunal considered whether the nomination of an occupation in relation to the applicant had been approved under section 140GB of the Act, and whether that approval had ceased. The Tribunal noted that the sponsor, Australian Catering Equipment, was approved as a Standard Business Sponsor until 27 February 2023. Crucially, on 18 October 2019, the Tribunal had set aside the department’s previous decision not to approve the nomination and substituted a decision that the nomination be approved, finding the nominated position to be genuine and that the sponsor satisfied the relevant regulations.

The Tribunal reasoned that because the nomination had now been approved and had not ceased, and was made by a standard business sponsor at the time of approval, the requirements of clause 457.223(4)(a) were met. Consequently, the Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations. The Tribunal also considered that the secondary applicant should be reconsidered in light of these findings.