KIM (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, specifically Subclass 457 (Temporary Work (Skilled)), brought by the first and second named applicants. The dispute before the Tribunal centred on whether the primary visa applicant satisfied a specific criterion under the regulations. The Tribunal, constituted by Wan Shum, considered evidence presented by the applicants and a representative of the sponsoring business, S.Kim Pty Ltd ATF Jong Dae Im Family Trust, with the assistance of an interpreter.

The central 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. This clause mandates that there must be an approved nomination for the applicant's occupation by a standard business sponsor, and that such nomination must not have ceased. The Tribunal was required to determine if these conditions were satisfied in the context of the application.

The Tribunal found that the requirements of cl.457.223(4)(a) were met. This conclusion was based on the fact that on 12 July 2018, the Tribunal had approved S.Kim Pty Ltd ATF Jong Dae Im Family Trust’s application for the nomination of a Wall and Floor Tiler, and this nomination related to the first named visa applicant and had not ceased. Consequently, the Tribunal determined that the appropriate course of action was to remit the applications for the visas to the Minister for reconsideration, with a specific direction that the first named visa applicant satisfied cl.457.223(4)(a).