Matte (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by a primary applicant and their family members. The dispute centred on the refusal of the visa application, which was based on a nomination that had itself been refused and subsequently affirmed on review by the Tribunal.

The primary legal issue before the Tribunal was whether the primary visa applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994. This subclause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal also considered whether the remaining applicants, who relied on their status as members of the primary applicant's family unit, satisfied the relevant criteria.

The Tribunal reasoned that the nomination supporting the primary applicant's visa application had been refused on 31 August 2018, and this refusal was affirmed by the Tribunal on 21 April 2021. As the nomination had been refused and this decision upheld, the primary visa applicant was not the subject of an approved nomination that could support their Subclass 457 visa application. Consequently, the primary applicant failed to satisfy the requirement under cl 457.223(4)(a). Since the primary applicant did not meet the primary criteria for the visa, the remaining applicants, who were family members, also failed to satisfy cl 457.321.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.