Prabhakar (Migration)

This matter concerned applications for Temporary Business Entry (Class UC) visas, specifically Subclass 457 (Temporary Work (Skilled)), brought before the Tribunal by a primary applicant and a secondary applicant. The central dispute revolved around whether the primary applicant met the requirements of cl.457.223(4)(a) of Schedule 2 to the Regulations, which pertains to having an approved nomination for an occupation by a standard business sponsor.

The legal issue before the Tribunal was to determine if the primary applicant satisfied the criteria under cl.457.223(4)(a), and consequently, whether the secondary applicant, as a spouse, should have their application reconsidered. The Tribunal was required to assess the validity of the nomination in relation to the primary applicant's visa application.

The Tribunal reasoned that on 9 December 2019, a decision was made to set aside the Department's refusal to approve the nomination and instead substitute a decision approving the nomination. This development meant that the requirement under cl.457.223(4)(a) was now met for the primary applicant. The Tribunal also found that the primary applicant had provided sufficient evidence of their spousal relationship to the secondary applicant. Therefore, the Tribunal concluded that the secondary applicant's application should be reconsidered in light of the approved nomination for the primary applicant.

Consequently, the Tribunal remitted both the primary and secondary applicants' applications for Temporary Business Entry (Class UC) visas to the Minister for reconsideration. The Tribunal directed that for the purpose of reconsideration, the primary applicant was to be considered as meeting the criteria under cl.457.223(4)(a) of Schedule 2 to the Regulations.