Doungpan (Migration)

This matter concerned an appeal by Ms Maytawee Doungpan and a second applicant, relating to applications for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The decision was made by the Tribunal.

The primary legal issue before the Tribunal was whether the primary visa applicant, Ms Doungpan, met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination by a standard business sponsor that has not ceased.

The Tribunal reasoned that the nomination made by the Company in respect of Ms Doungpan for the occupation of Hotel or Motel Manager had been approved on 24 November 2020 and had not ceased. Therefore, the Tribunal concluded that the requirements of cl.457.223(4)(a) were met. The Tribunal remitted Ms Doungpan's application for the visa to the Minister for consideration of the remaining criteria. The second applicant's application, made as a member of Ms Doungpan's family unit, was to be determined by reference to the outcome of Ms Doungpan's application upon remittal.