SAWAN (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), by the applicants. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal also considered whether the remaining applicant, relying on their status as a member of the primary applicant's family unit, met the criteria under clause 457.321.

The Tribunal reasoned that the evidence before it indicated that the nomination in support of the primary visa applicant's Subclass 457 visa had been refused. This refusal had been reviewed by the Tribunal and the delegate's decision affirmed, meaning the refusal stood. Consequently, as the primary visa applicant was not the subject of an approved nomination that could support their application, they did not satisfy the requirement in clause 457.223(4)(a). As the primary applicant failed to meet the primary criteria for the visa, the remaining applicant, who relied on their family unit status, also failed to satisfy clause 457.321.

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