CHAVEZ CASTANEDA (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 (Temporary Work (Skilled)) visa. The applicant sought to work as an Accountant (General) for Colombicoff Holdings Pty Ltd ATF The James Family Trust. The core of the dispute revolved around whether the applicant met the requirements for an approved nomination of an occupation.

The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations. This clause 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 legal issue was whether such an approved nomination existed at the time of the Tribunal's decision.

The Tribunal's reasoning focused on the fact that the nominator's application for approval of the nominated position had been refused by the Department and this refusal was subsequently affirmed by the Tribunal in a prior proceeding. Despite the applicant's contention that she was genuinely performing the role of an Accountant and that the nomination's failure was due to her representative's failings, the Tribunal found that there was no evidence of an approved nomination. Consequently, the Tribunal concluded that the requirements of clause 457.223(4)(a) were not met.

The Tribunal affirmed the decision not to grant the applicant the visa, finding that the requirements for the standard business sponsorship stream had not been satisfied. No claims were made or evidence provided regarding other potential streams under clause 457.223.