1507528 (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa by an applicant who proposed to work as an Electrician (General) for Powerlinksolutions Pty Ltd ATF Powerlinksolutions Unit Trust. The sponsor had applied for approval of a nomination of an occupation, which was refused by a delegate of the Minister. The sponsor sought review of this decision, and subsequently, the visa application was refused. The applicant sought review of the visa refusal by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause requires, among other things, that a nomination of an occupation in relation to the applicant has been approved, that the nomination was made by a standard business sponsor at the time of approval, and that the approval of the nomination has not ceased. The Tribunal also considered whether the applicant could satisfy the requirements of other streams within clause 457.223, in the absence of an approved nomination.

The Tribunal reasoned that the sponsor's application for approval of the nomination had been refused by a delegate of the Minister, and this decision was affirmed by the Tribunal on 20 May 2016. Consequently, there was no approved nomination in place. The Tribunal informed the applicant that this lack of an approved nomination was a reason for affirming the decision to refuse the visa, as it was a mandatory requirement under clause 457.223(4)(a). The applicant was given an opportunity to comment on this information and to provide evidence demonstrating an approved nomination. As no such evidence was provided, and no claims were made in respect of other visa streams, the Tribunal found that the requirements for the standard business sponsorship stream had not been met.

The Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa.