Canberra Automotive Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision concerning a Subclass 457 visa application by Canberra Automotive Pty Ltd. The dispute centred on whether the primary visa applicant met the requirements for the grant of the visa, specifically relating to an approved nomination by a Standard Business Sponsor (SBS).

The legal issue before the Tribunal was whether the visa applicant could satisfy clause 457.223(4)(a)(i) of the Migration Regulations 1994, which requires an approved nomination of an occupation in relation to the applicant by an SBS that has not ceased. The Tribunal had previously affirmed a decision not to approve the nomination in a related AAT case.

The Tribunal reasoned that as the nomination had not been approved, a fundamental criterion for the visa grant under cl.457.223(4)(a)(i) was not met. Citing the authority of *VARSI v MINISTER FOR IMMIGRATION & ANOR* [2018] FCCA 1280, the Tribunal concluded that it would be futile to return the matter for further submissions, as the visa could not be granted without an approved nomination. The applicant's representative acknowledged this position.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa, finding that the requirements for the standard business sponsor stream had not been met. No claims were made or evidence provided regarding other streams within cl.457.223.