Blank Antonietto (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought by the applicant against a decision of the Tribunal. The core of the dispute revolved around the applicant's eligibility for the visa, specifically whether the requirements of clause 457.223(4)(a) of the Migration Regulations 1994 were met. The Tribunal, presided over by Member Ian Berry, was required to determine if an approved nomination, made by a standard business sponsor, was in effect at the relevant time.

The legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 457 visa, particularly concerning the requirement for an approved nomination under clause 457.223(4)(a)(i). This clause mandates that a nomination of an occupation relating to the applicant must have been approved by a standard business sponsor and that such approval must not have ceased. The Tribunal also considered whether it could proceed to a decision without further information from the applicants, given their failure to respond to a section 359A invitation.

The Tribunal found that the applicant's employer, Egali Intercambio Pty Ltd, had its nomination application refused on 30 June 2020, and this decision was affirmed. The applicant's visa application had been refused on 13 June 2017. The Tribunal had invited the applicants to provide information regarding the lodgement of their visa application and the subsequent refusal of the sponsorship application, setting a deadline of 17 July 2020. As the applicants failed to provide the requested information within the prescribed period, and no extension was granted, the Tribunal applied section 359C of the Act and proceeded to make a decision without further steps, as permitted by section 360(3). The Tribunal concluded that the requirements of clause 457.223(4)(a) were not met due to the refusal of the nomination.

Consequently, the Tribunal affirmed the decision not to grant the applicants Temporary Business Entry (Class UC) visas, finding that the requirements for the standard business sponsor stream had not been met. No claims were made or evidenced in respect of other streams within clause 457.223.