Chumroo (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) Subclass 457 visa. The primary applicant, Ms. Chumroo, sought review of a decision not to grant her and secondary applicants a Subclass 457 visa. The proposed nominator was Mannix College. The review was heard by Member Karen Synon of the Tribunal.

The central legal issue before the Tribunal was whether the primary applicant met the requirements of cl.457.223(4)(a) of the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal also considered whether the secondary applicants met their respective criteria, particularly cl.457.321, which requires them to be members of the family unit of a primary applicant who holds or satisfies the criteria for a Subclass 457 visa.

The Tribunal reasoned that the applicant's proposed nominator, Mannix College, had its nomination refused, and this refusal was affirmed by the Tribunal on 10 October 2019. There was no information on the Department's files indicating an approved nomination by a standard business sponsor in relation to the applicant. Consequently, the Tribunal found that the applicant did not satisfy the requirement of cl.457.223(4)(a). As the primary applicant did not meet the criteria for the visa, the secondary applicants also failed to meet their criteria, specifically cl.457.321. The Tribunal noted that no claims were made regarding other streams within cl.457.223, and there was no evidence to suggest the applicants could satisfy the criteria for those streams.

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