Nowakowski (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by two applicants. The dispute arose from the refusal of the visa application, which was affirmed on review by the Tribunal. The primary applicant sought to rely on the standard business sponsor stream, with a nominated occupation of painting trades worker.

The legal issue before the Tribunal was whether the applicants satisfied the criteria for the grant of a Subclass 457 visa, specifically clause 457.223(4)(a), which requires an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also considered whether the secondary applicant met the criteria under clause 457.321, which depends on the primary applicant satisfying the primary criteria.

The Tribunal reasoned that it was not satisfied that the first applicant was the subject of an approved nomination that had not ceased at the time of the decision. Based on this finding, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met. Consequently, as the primary applicant did not satisfy the primary criteria for the visa, the second applicant, as a member of the family unit, could not satisfy the secondary criteria.

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