Wang (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), by a primary applicant and a claimed member of the same family unit. The dispute arose from the refusal of the visa applications, which the applicants sought to have reviewed. The decision was made by the Tribunal.

The central legal issue before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal was required to determine if the absence of an approved nomination meant the applicants could not satisfy an essential criterion for the grant of the visas.

The Tribunal reasoned that clause 457.223(4)(a)(i) explicitly requires an approved nomination for the grant of a Subclass 457 visa. It noted that a previous decision by the Tribunal had affirmed the refusal to approve the nomination lodged by Steam Health Pty Ltd. In light of this, and following the principles established in *VARSI v MINISTER FOR IMMIGRATION & ANOR* [2018] FCCA 1280, the Tribunal considered it futile to proceed further as no useful result could ensue without an approved nomination. The primary applicant confirmed her understanding that the visa applications would not be successful without such an approval.

Consequently, the Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants, finding that the requirements of the standard business sponsorship stream had not been met due to the lack of an approved nomination.