Ng (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, by the first named applicant, with applications by the second, third, and fourth named applicants as members of the family unit. The dispute before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, which pertains to an approved nomination by a standard business sponsor.

The legal issue before the Tribunal was to determine if the primary applicant satisfied the criteria under clause 457.223(4)(a) of the Migration Regulations 1994, specifically concerning the requirement for an approved nomination of an occupation by a standard business sponsor that has not ceased. This involved considering whether a prior refusal of the nomination application had been overcome by a subsequent review decision.

The Tribunal reasoned that while the initial nomination application was refused by a delegate of the Minister, the sponsor subsequently lodged an application for review. On 22 February 2022, the Tribunal set aside the delegate’s decision and substituted a decision to approve the nomination. Consequently, the Tribunal was satisfied that the primary applicant was the subject of an approved nomination by a standard business sponsor that had not ceased, thus meeting the requirements of clause 457.223(4)(a).

Given that the Tribunal found the primary applicant satisfied this criterion for the grant of a Subclass 457 visa, it considered that the applications of the other named applicants, as members of the family unit, should be reconsidered. The Tribunal therefore remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 457.223(4)(a).