Magdamit (Migration)

The Administrative Appeals Tribunal considered an application concerning Temporary Business Entry (Class UC) visas, subclass 457. The matter was before the Tribunal for reconsideration of the applicants' eligibility for this visa subclass.

The primary legal issue before the Tribunal was whether the applicants met the requirements of clause 457.323 of Schedule 2 to the Regulations. This clause mandates that an applicant in Australia must have substantially complied with the conditions of their last substantive visa and any subsequent bridging visa.

The Tribunal found that there was no information before it to suggest that the applicants had failed to substantially comply with the conditions of their visas. Accordingly, the Tribunal concluded that the applicants met the criteria under clause 457.323. The Tribunal then remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with the direction that the applicants met this specific criterion.