NAM (Migration)

The Administrative Appeals Tribunal considered an application concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary applicant, identified as Ms Nam, had her approved position nomination application refused, a decision that was subsequently set aside on review. The second, third, and fourth applicants, Mr Byeonggeon Park, Mr Seongjun Park, and Mr Geunyeong Park, applied for their visas as members of Ms Nam's family unit.

The central legal issue before the Tribunal was whether the applications for the Subclass 457 visas by the family members could be granted, given the circumstances surrounding Ms Nam's nomination. This required the Tribunal to determine the eligibility of the family unit members in light of the reconsideration of Ms Nam's nomination.

The Tribunal, presided over by Member Katie Malyon, determined that the applications of the family members were contingent on the outcome of Ms Nam's visa application. Consequently, the Tribunal remitted Ms Nam's application to the Department for reconsideration. The Tribunal also directed that Ms Nam met the criteria specified in clause 457.223(4)(a) of Schedule 2 to the Regulations for a Subclass 457 visa. The applications of the second, third, and fourth applicants would therefore be determined by reference to the outcome of Ms Nam’s reconsidered application.