Gonzaga (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), made by a primary applicant and other applicants as members of the family unit. The dispute arose from the Department's refusal of the nomination application made by the nominating business, which was subsequently reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the primary visa applicant 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 was also required to consider the remaining criteria for the subclass 457 visa for both the primary and secondary applicants.

The Tribunal reasoned that the Department's decision to refuse the nomination application had been set aside by the Tribunal on 17 January 2022. Consequently, the Tribunal found that the primary applicant was the subject of an approved nomination by a standard business sponsor that had not ceased, thereby satisfying cl 457.223(4)(a). Given this finding, the Tribunal determined that the appropriate course of action was to remit the applications for reconsideration by the Minister, with a direction that the primary applicant met the criteria specified in cl 457.223(4)(a), and that the remaining criteria for the subclass 457 visa would be considered for all applicants.