ALLA (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving an applicant for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant's sponsor was Mums Recipes Pty Ltd. The core dispute revolved around whether the applicant met the requirements for an approved nomination under the relevant migration regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal also considered whether the applicant could meet the requirements for any other streams within clause 457.223, given the circumstances.

The Tribunal reasoned that the applicant's nomination application, lodged by Mums Recipes Pty Ltd, was refused by the Department on 31 July 2017, and this refusal was not reviewed by the sponsor. Furthermore, the Tribunal noted that as of 18 March 2018, it was no longer possible to apply under the repealed 457 visa scheme or for an approval of a nomination under that scheme. Based on the evidence before it, including the Department's file and matters raised at the hearing, the Tribunal found no evidence of an approved nomination by a standard business sponsor in favour of the applicant that met the requirements of regulation 2.72 for approval. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 457.223(4)(a)(i) and therefore failed to meet the criteria for the standard business sponsor stream.

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa. No claims were made, nor was there evidence presented, to suggest the applicant could satisfy the criteria for any other streams within clause 457.223.