Wang (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by a primary applicant and a secondary applicant, Mr Yu Yan, who was seeking to join as a member of the family unit. The dispute before the Tribunal was whether the primary applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to the necessity of an approved nomination by a standard business sponsor that has not ceased.

The Tribunal was required to determine if the primary applicant satisfied clause 457.223(4)(a) of the Regulations, specifically concerning the existence and validity of an approved nomination for their occupation. Additionally, the Tribunal needed to consider whether the secondary applicant, Mr Yu Yan, met the criteria for inclusion as a member of the family unit of the primary visa holder.

The Tribunal found that an approved nomination in respect of the primary applicant had been made by PLJC Investments Pty Ltd as trustee for Li n Chen Family Trust on 18 October 2021, and that this nomination had not ceased. Consequently, the Tribunal concluded that the primary applicant met the requirements of clause 457.223(4)(a). However, the Tribunal determined that Mr Yu Yan did not satisfy the criteria as he was not a member of the family unit of a person who already held a Subclass 457 visa.

Given these findings, the Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration by the Minister. The direction was that the first named applicant met the criteria under clause 457.223(4)(a), and the Minister was to consider the remaining criteria for the Subclass 457 visa for the primary applicant, and the secondary application for Mr Yu Yan.