Chen (Migration)

The Administrative Appeals Tribunal considered the applications of Chen and a second applicant for Temporary Business Entry (Class UC) visas, subclass 457 (Temporary Work (Skilled)). The core dispute concerned whether the applicants met the eligibility requirements for the visa, specifically relating to an approved nomination by a standard business sponsor. The Tribunal affirmed the decision not to grant the visas.

The primary legal issue before the Tribunal was whether the applicants satisfied the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994. This subclause mandates that a nomination of an occupation in relation to the applicant must have been approved under section 140GB of the Migration Act 1958, made by a standard business sponsor, and that the approval must not have ceased.

The Tribunal reasoned that the nomination application for the position of Education Managers (nec) by ABC Australia Education Center Pty Ltd had not been approved. Consequently, the Tribunal found that the essential requirement of an approved nomination, as stipulated in cl.457.223(4)(a), was not met. As the applicants had not satisfied the requirements for the standard business sponsorship stream and no claims were made regarding other streams, the Tribunal concluded that the applicants did not meet the criteria for the grant of a Subclass 457 visa. The Tribunal affirmed the decision not to grant the visas.