KAUR (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mrs Kaur and her family. The primary issue before the Tribunal was whether Mrs Kaur met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to the need for an approved nomination by a standard business sponsor that has not ceased.

The Tribunal was required to determine if the applicants satisfied the criteria for the Subclass 457 visa, specifically whether the nomination supporting Mrs Kaur's application remained valid and whether her family members met the secondary criteria for the visa. This involved assessing the status of the approved nomination, considering the repeal of the 457 visa program, and examining the requirements for both primary and secondary visa applicants under the relevant regulations.

The Tribunal affirmed the delegate's decision to refuse the visa. It found that the approved nomination supporting Mrs Kaur's application had expired on 1 December 2016, and a subsequent nomination had been refused. Furthermore, following legislative changes, new applications for nomination approval for Subclass 457 visas could no longer be made. Consequently, Mrs Kaur did not meet the criteria under clause 457.223(4)(a) for an approved and un-ceased nomination. As Mrs Kaur did not satisfy the primary criteria, her partner and two sons, as secondary applicants, could not satisfy the criteria under clause 457.321, which requires them to be members of the family unit of a primary applicant who has met the visa requirements.

The Tribunal concluded that the requirements for the standard business sponsorship stream of the Subclass 457 visa had not been met by Mrs Kaur. As no claims were made regarding the labour agreement stream, and there was no evidence to suggest the applicants could satisfy those criteria, the Tribunal affirmed the decision under review not to grant the Temporary Business Entry (Class UC) visas to the applicants.