Kada (Migration)

This matter concerned applications for Temporary Business Entry (Class UC) visas, Subclass 457, made by a first applicant and their family members. The dispute before the Tribunal was whether the first applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations, which pertains to the approval of a nomination by a standard business sponsor.

The Tribunal was required to determine if the nomination of an occupation relating to the first applicant, made by a standard business sponsor, had been approved and had not ceased. Additionally, the Tribunal needed to consider the eligibility of the second, third, and fourth applicants as members of the family unit of the primary applicant.

The Tribunal found that the requirements of cl.457.223(4)(a) were met, as a decision had been made on 30 July 2019 approving the nomination made by the prospective employer, Chauffeurs Australia Pty Ltd, a standard business sponsor. Consequently, the Tribunal determined that the second, third, and fourth applicants also met the criteria for Subclass 457 visas as family members.

Given these findings, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first named applicant met the criteria specified in cl.457.223(4)(a) of Schedule 2 to the Regulations, and that the Minister should consider the remaining criteria for the Subclass 457 visas.