Benavides (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant sought to have the refusal decision set aside.

The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations, specifically whether the applicant was the subject of an approved nomination by a standard business sponsor that had not ceased. The Tribunal also considered whether the applicant satisfied the criteria for any other streams within clause 457.223.

The Tribunal noted that it had invited the applicant to provide information regarding the existence of an approved nomination. The applicant's representative responded that there was no approved nomination and that the applicant consented to the Tribunal making a decision on the papers. Based on this information, the Tribunal was not satisfied that the applicant was the subject of an approved nomination that had not ceased, and therefore found that clause 457.223(4)(a) was not met. As no claims were made regarding other streams, the Tribunal affirmed the decision not to grant the visa.