1515035 (Migration)

This matter concerned a review of a decision not to grant a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), to the applicant, who was nominated for the occupation of Solid Plasterer. The review was heard by the tribunal.

The primary legal issues before the tribunal were whether the applicant had provided sufficient information to demonstrate that they met the requirements of clause 457.223(4)(a) of the Migration Regulations, specifically concerning an approved nomination and the applicant's skills, qualifications, and employment background for the nominated occupation. The tribunal also had to consider the applicant's requests for extensions of time to provide this information.

The tribunal reasoned that it had invited the applicant to provide information regarding the approved nomination and their suitability for the nominated occupation, setting a deadline of 10 November 2016. An initial extension was granted until 25 November 2016. However, a subsequent request for a further extension was made after the statutory period had expired, and the tribunal determined it lacked the power to grant such an extension, citing established case law. The tribunal also noted that a request for an extension of time does not constitute a response to a request for information. Consequently, the tribunal found that the requirements for the standard business sponsor stream had not been met.

The tribunal affirmed the decision not to grant the visa.