Brewins (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had an approved nomination by a standard business sponsor that had not ceased, as required by clause 457.223(4)(a). The Tribunal noted that the Department had refused a nomination made by Efira Services Pty Ltd in respect of the applicant, and no review of that decision had been lodged. Furthermore, there was no information on the Department's file records indicating an approved nomination by a standard business sponsor.

The Tribunal reasoned that because there was no relevant approved nomination, the applicant could not satisfy clause 457.223(4)(a). The Tribunal found that the requirements for the standard business sponsor stream had not been met, and as no claims were made in respect of other streams under clause 457.223, nor was there evidence to satisfy those criteria, the applicant was ineligible for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.