1601171 (Migration)

The Administrative Appeals Tribunal considered the case of a visa applicant seeking a Temporary Business Entry (Class UC) visa. The dispute centred on whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which pertains to the necessity of an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was to determine if the applicant had an approved nomination for an occupation by a standard business sponsor that had not ceased, as required by clause 457.223(4)(a). This involved examining whether the nomination had been approved by the Department and whether any such approval remained in effect.

The Tribunal reasoned that the evidence before it indicated that the nomination in relation to the applicant had not been approved by the Department. Furthermore, a previous decision of the Tribunal had affirmed the decision not to approve the nomination, and departmental records confirmed that the applicant was not the subject of a current approved nomination. Despite being invited to comment on this adverse information, the applicant provided no submissions. Consequently, the Tribunal found that the requirements of clause 457.223(4)(a) were not met. The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa.