BUTTER (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, for the position of Contract Administrator. The applicant sought review of a decision not to grant the visa. The case was heard by K. Chapman, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations. This subclause mandates that for a visa to be granted under the standard business sponsorship stream, there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and this approval must not have ceased.

The Tribunal found that the applicant did not meet the requirements of subclause 457.223(4)(a) because the nomination for the position of Contract Administrator by SDC Cleaning Services Pty Ltd had not been approved. Consequently, the Tribunal concluded that the requirements for the standard business sponsor stream were not satisfied. As no claims were made regarding other streams under clause 457.223, and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal affirmed the original decision. The Tribunal therefore affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa.