Burman (Migration)

This matter concerned an appeal to the Tribunal regarding a decision not to grant a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant sought to have the decision reviewed.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994. This subclause 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 reasoned that as there was no approved nomination for the applicant at the time of the decision, the requirements of subclause 457.223(4)(a) were not met. The Tribunal noted that failure to satisfy even one of the primary criteria for the visa is fatal to the application. As no claims were made regarding other streams within subclause 457.223, and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal affirmed the decision not to grant the visa.