Wang (Migration)

The Administrative Appeals Tribunal considered the applications of Mr. Wang, the primary applicant, and Ms. Zhe Shen, the secondary applicant, for a Subclass 457 (Temporary Work Skilled) visa. The dispute centred on whether the applicants met the criteria for this visa subclass, specifically concerning the requirement for an approved nomination by a standard business sponsor.

The Tribunal was required to determine if Mr. Wang met the requirements of clause 457.223(4) of the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. Additionally, the Tribunal had to assess whether Ms. Shen met the primary criteria for the visa, and if not, whether she met the secondary criteria as a family member of a successful primary applicant.

The Tribunal found that there was no evidence of an approved nomination for Mr. Wang, meaning he failed to satisfy clause 457.223(4)(a). As Mr. Wang did not meet the primary criteria, Ms. Shen could not satisfy the secondary criteria under clause 457.321, which requires the primary applicant to have been granted a visa and for the secondary applicant to be a family unit member. The Tribunal noted there was no evidence of a family relationship. Consequently, the Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to either applicant.