Sharma (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), concerning the inclusion of a secondary sponsored person. The applicant sought review of a decision that had not been favourable.

The central legal issue before the Tribunal was whether the applicant, who was not yet born at the time of the primary applicant's nomination, met the requirements of clause 457.324 of the relevant regulations for inclusion as a secondary sponsored person. Specifically, the Tribunal had to determine if the applicant satisfied subclause (1) or, alternatively, subclause (2) of clause 457.324, which outlines conditions for secondary applicants not included in the primary applicant's nomination.

The Tribunal reasoned that clause 457.324(1) was not met as the applicant was not born at the time of the primary applicant's nomination. However, the Tribunal found that the applicant had provided a letter from the sponsor, ZAOQ, dated 8 December 2019, which acknowledged and consented to extending sponsorship obligations to the applicant as a dependent. This letter was considered sufficient written agreement from the sponsor, aligning with departmental policy guidelines for secondary applicants where family unit members were not initially listed in the primary applicant's nomination.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 457.324(2) of Schedule 2 to the Regulations.