CHARPE (Migration)

The Administrative Appeals Tribunal considered the case of the applicants seeking a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary dispute concerned whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination by a standard business sponsor that has not ceased.

The central legal issue before the Tribunal was to determine if the primary visa applicant satisfied the criteria outlined in clause 457.223(4)(a), specifically the requirement for an approved nomination. This involved assessing whether the nomination, made by the nominating business in relation to the primary applicant, was valid and had not ceased to be approved. The Tribunal also considered the implications for the remaining applicants, who relied on their status as members of the primary applicant's family unit.

The Tribunal reasoned that the nomination in support of the primary visa applicant's Subclass 457 visa application had been refused. This refusal decision had been reviewed by the Tribunal and affirmed, meaning the refusal stood. Consequently, as there was no approved nomination to support the primary applicant's visa application, the Tribunal found that the requirement in clause 457.223(4)(a) was not met. Furthermore, because the primary applicant did not satisfy the primary criteria for the visa, the Tribunal concluded that the remaining applicants, as members of the family unit, also failed to satisfy clause 457.321.

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