Wong (Migration)

This matter concerned an application for review by a primary applicant and secondary applicants seeking a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The core dispute revolved around whether the primary applicant met the requirements for the visa, specifically the necessity of an approved nomination. The Tribunal was tasked with determining if the decision to refuse the visa should be affirmed.

The legal issues before the Tribunal were whether the primary applicant met the requirements of clause 457.223(4)(a) of the Regulations, which mandates an approved nomination for the occupation by a standard business sponsor that has not ceased. The Tribunal also considered the implications for the secondary applicants, who applied as family members of the primary applicant, and whether they could meet the visa criteria if the primary applicant did not.

The Tribunal reasoned that a previous decision by the Tribunal had affirmed the primary decision to refuse the nomination application for the primary applicant's prospective employer on the grounds that the nominated position was not genuine. Consequently, the primary applicant was not the subject of an approved nomination as required by clause 457.223(4)(a). The Tribunal had invited the applicants to respond to this issue and the potential consequences for both primary and secondary applicants, but no response was received. Applying section 359C and 360(3) of the Act, the Tribunal found the applicants were not entitled to appear before it. The Tribunal also considered whether to grant an adjournment but, referencing relevant case law, concluded it was not required to indefinitely defer its decision-making.

The Tribunal affirmed the decision under review, finding that as the primary applicant did not meet the criteria for the visa due to the lack of an approved nomination, the secondary applicants also could not meet the criteria as family members. Therefore, the Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to any of the applicants.