DELGADO RINCON (Migration)

This matter concerned applications for Temporary Business Entry (Class UC) visas, specifically Subclass 457 (Temporary Work (Skilled)), made by a primary applicant and a secondary applicant who applied as a member of the primary applicant's family unit. The dispute arose from the Department of Immigration and Border Protection's refusal to approve the nomination of an occupation for the primary applicant. The case was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the primary applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of a nomination by a standard business sponsor. A secondary issue was how the secondary applicant's application should be treated in light of the primary applicant's application.

The Tribunal reasoned that the nominating employer, Novus Services Group, had applied for approval of the Quality Assurance Manager position, which the Department had initially refused. However, the Tribunal had previously set aside this refusal and substituted a decision to approve the nomination. As the employer was also an approved standard business sponsor, the Tribunal concluded that the primary applicant met the criteria under clause 457.223(4)(a). Consequently, the Tribunal remitted the primary applicant's visa application to the Minister for reconsideration of the remaining criteria. The Tribunal also directed that the secondary applicant's application, being dependent on the primary applicant's status as a family unit member, would be determined by reference to the outcome of the primary applicant's remitted application.