Grewal (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, by a primary applicant and two secondary applicants. The employer's nomination application for the primary applicant was refused, and the Tribunal was required to review this refusal.

The central legal issue before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that an approved nomination of an occupation by a standard business sponsor, which has not ceased, must exist. The Tribunal also considered whether the secondary applicants met the requirements of clause 457.321, which requires them to be family members of a primary applicant who has satisfied the primary criteria and holds a subclass 457 visa.

The Tribunal reasoned that the nomination of the applicant for the position of Mixed Crop Farmer by Esco Pazzo Pty Ltd had not been approved. Consequently, the Tribunal found that the requirements of clause 457.223(4)(a) were not met, as there was no approved nomination. As the primary applicant had not met the criteria for the visa, the secondary applicants also failed to satisfy clause 457.321. The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.