Teng (Migration)

This matter concerned an application for review by the applicant regarding the decision not to grant them a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary work (Skilled)). The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994. This subclause mandates that an applicant must have an approved nomination for their occupation by a standard business sponsor, which has not ceased.

The Tribunal reasoned that as there was no evidence before it that the nomination had been approved, the requirements of subclause 457.223(4)(a) were not met. Consequently, the Tribunal found that the secondary applicant had not met the requirements of subclause 457.321, as there was no evidence they were a member of the family unit of a person holding a subclass 457 visa. As no claims were made in respect of other streams within subclause 457.223, and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal affirmed the decision not to grant the visa.