Cribbin (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), concerning a primary and secondary applicant. The dispute arose from the approval of a nomination for the visa, which was subsequently remitted for reconsideration.

The primary legal issue before the Tribunal was whether the first named applicant met the criteria for a Subclass 457 visa, specifically under clause 457.223(4)(a) of Schedule 2 to the Regulations. The Tribunal was required to determine the applicant's eligibility in light of its findings regarding the primary applicant.

The Tribunal reasoned that the secondary applicant should be reconsidered in light of its findings concerning the primary applicant. Consequently, the Tribunal remitted the application for Temporary Business Entry (Class UC) visas for reconsideration. The direction given was that the first named applicant meets the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations.