Song (Migration)

This matter concerned an application for review of a decision made by the Minister for Immigration and Border Protection regarding a Temporary Business Entry (Class UC) visa, subclass 457. The applicant, Song, sought to have the decision set aside. The case was heard by Susan Trotter.

The primary legal issue before the court was whether the applicant's application for a subclass 457 visa was validly made, given that the applicant was not the subject of an approved nomination at the time of application. The court was required to consider the relevant provisions of the *Migration Regulations 1994* (Cth) and the *Migration Act 1958* (Cth) pertaining to the requirements for a subclass 457 visa and the nomination process.

The court found that a critical element for the grant of a subclass 457 visa was the existence of an approved nomination in relation to the applicant. In this instance, the evidence indicated that while the sponsor had been approved as a standard business sponsor, there was no approved nomination specifically in relation to Song at the time the visa application was lodged. Consequently, the court determined that the application did not meet the mandatory requirements for the visa.

The court ordered that the decision under review be remitted to the Minister for Immigration and Border Protection for reconsideration according to law.