CHEN (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Xiaoxin Chen, the applicant for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The dispute concerned the Department's decision not to approve a nomination made by Chen Sisters Pty Limited in relation to Ms. Chen, which the Tribunal was reviewing.

The primary legal issue before the Tribunal was whether Ms. Chen met the requirements of subclause 457.223(4) of the Migration Regulations 1994, specifically whether she was the subject of an approved nomination. This required the Tribunal to determine if the nomination made by Chen Sisters Pty Limited for Ms. Chen was valid and had not ceased.

The Tribunal reasoned that clause 457.223(4)(a) mandates that a nomination must have been approved under section 140GB of the Act, made by a standard business sponsor, and the approval must not have ceased. The Tribunal noted that the Department had decided not to approve the nomination, and Ms. Chen was notified of this adverse information. She was given 14 days to respond or request an extension, but she failed to do so. Consequently, the Tribunal found that Ms. Chen was not the subject of a sponsorship for employment in an occupation by a standard business, and therefore did not meet the requirements of subclause 457.223(4)(a). As no claims were made regarding other streams within clause 457.223, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met.

The Tribunal affirmed the decision not to grant Ms. Chen a Temporary Business Entry (Class UC) visa.