LEE (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, brought before the Tribunal by the first named applicant, with the second named applicant included in the nomination. The dispute centred on whether the first named applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was to determine if the first named applicant satisfied the criteria outlined in cl.457.223(4)(a), which requires an approved nomination for the applicant's occupation by a standard business sponsor that has not ceased. This involved assessing whether a nomination had been approved, if it was made by a standard business sponsor at the time of approval, and if that approval remained valid.

The Tribunal reasoned that while the initial sponsor's application was refused, leading to the visa refusal, a subsequent nomination by a different standard business sponsor had been approved and had not ceased by the time of the hearing. The Tribunal found that this new, approved nomination satisfied the requirements of cl.457.223(4)(a). The second named applicant was found to meet cl.457.324(1) as an applicant included in the primary applicant's nomination.

Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant met the criteria under cl.457.223(4)(a). The Minister was to consider the remaining criteria for the Subclass 457 visa.