1509816 (Migration)

This matter concerned an application for a Subclass 457 visa by Mr. Haq, sponsored by A1 Hotel Group Pty Ltd. The Administrative Appeals Tribunal was required to determine whether the decision to refuse Mr. Haq's visa application should be affirmed.

The central legal issue before the Tribunal was whether Mr. Haq met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994. This clause mandates that an approved nomination for the applicant's occupation by a standard business sponsor, which has not ceased, must exist.

The Tribunal found that Mr. Haq's prospective employer, A1 Hotel Group, was not an approved business sponsor at the relevant time, as its previous sponsorship approval had ceased and a subsequent application for sponsorship had been refused. Mr. Haq informed the Tribunal that A1 Hotel Group had withdrawn its application for review of the sponsorship refusal and had no intention of pursuing a new nomination for his position. While Mr. Haq indicated he had found a potential new sponsor, the Red Steer Hotel, he had not yet received a formal offer of employment, nor had a nomination application been lodged. Given these circumstances, the Tribunal concluded that Mr. Haq had not satisfied the requirement for an approved nomination and therefore did not meet the criteria for the visa. The Tribunal affirmed the decision under review.