1513377 (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 visa. The applicant's visa was refused because the requirements of cl.457.223(a) were not met. The Tribunal, constituted by Glen Cranwell, was tasked with reconsidering the application.

The primary legal issue before the Tribunal was to determine the appropriate course of action given that the nomination application, a prerequisite for the visa, had not yet been decided by the Department after a significant waiting period. The Tribunal also considered whether the applicant met the criteria under cl.457.223(4)(f) regarding adverse information about the nominator or associated persons.

The Tribunal reasoned that it would be fair, just, and quick to remit the matter to the Department for reconsideration. This would allow the Department to first determine the outcome of the nomination application and then proceed to assess the visa application. The Tribunal found that cl.457.223(4)(f) was satisfied, as there was no evidence of adverse information known to Immigration concerning the nominator or associated persons.

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 met the criteria under cl.457.223(4)(f) of Schedule 2 to the Regulations.