Begum (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary work (Skilled)), brought before the Tribunal by the applicant and secondary applicants. The dispute arose from the Tribunal's decision to affirm the refusal of the visa application. The primary issue revolved around whether the applicant met the requirements for an approved nomination under clause 457.223(4)(a) of the Migration Regulations 1994.

The Tribunal was required to determine if there was an approved nomination for the applicant by a standard business sponsor that had not ceased. Additionally, the Tribunal had to consider whether it was appropriate to extend time for the applicant to await the outcome of an application by her husband, the details of which were not provided. The Tribunal also considered the eligibility of the secondary applicants, who were identified as not being members of the family unit of a person who had satisfied the primary criteria for, and held, a subclass 457 visa.

The Tribunal reasoned that the applicant had not provided sufficient information to demonstrate an approved or pending nomination. Despite multiple opportunities to respond to correspondence, the applicant only provided updated circumstances at the hearing, after her representative had withdrawn. The Tribunal found that the requirements of clause 457.223(4)(a) were not met due to the absence of an approved nomination. Furthermore, the Tribunal noted that the subclass 457 visa program had been replaced by the Temporary Skilled Shortage programme (subclass 482) as of 18 March 2018, meaning it was no longer possible to seek sponsorship under the former program. Consequently, the Tribunal concluded that the secondary applicants did not meet the requirements of clause 457.321 as they were not part of a family unit of a primary applicant who had satisfied the criteria for a subclass 457 visa.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.