Attri (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision to refuse a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant's eligibility for the visa was contingent on an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994, specifically the requirement for an approved nomination that had not ceased. The Tribunal noted that the delegate's decision under review had found that, at the time of the original assessment, the nominator did not have an approved nomination in relation to the applicant's visa application.

The Tribunal reasoned that the applicant's nominator had applied to the Tribunal for review of the Department's decision to refuse the nomination application, and this refusal had been affirmed by a differently constituted Tribunal in a prior proceeding. Furthermore, the Tribunal highlighted that the Subclass 457 visa scheme had changed, making it impossible to apply for a new nomination supporting a Subclass 457 visa after 18 March 2018. Despite the applicant's submissions regarding her employer selling the business and her personal circumstances, the Tribunal concluded that the sole issue for determination was the existence of an approved nomination that had not ceased, as there were no provisions for discretionary matters or alternative options within the scope of the review.

Consequently, as the applicant did not satisfy the essential criterion of having an approved nomination that had not ceased, the Tribunal affirmed the decision not to grant the visa.