Pangan (Migration)

This matter concerned an application for review of a decision to refuse a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) visa, by the Administrative Appeals Tribunal. The primary applicant sought to be granted the visa under the standard business sponsor stream, with secondary applicants applying as members of her family unit.

The Tribunal was required to determine whether the primary applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. Additionally, the Tribunal had to consider whether the secondary applicants met the criteria for being a member of the family unit of a primary applicant who holds a Subclass 457 visa.

The Tribunal found that the nominator's application for approval of the nominated position had been refused, and their subsequent application for review of that refusal had been withdrawn. Consequently, there was no approved nomination in place for the primary applicant. The Tribunal noted that while it had sympathy for the applicant's personal circumstances, including concerns about returning to the Philippines and her son's schooling, these circumstances did not alter the regulatory requirements. As the primary applicant did not hold a Subclass 457 visa, the secondary applicants could not satisfy the requirements of subclause 457.321.

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