Chen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457. The applicant's case was based on a nomination by Auservices Pty Ltd. The core of the dispute revolved around whether the applicant met the requirements for an approved nomination under clause 457.223(4)(a) of the Migration Regulations 1994, particularly in light of the closure of the Subclass 457 program and the deregistration of the sponsoring entity.

The Tribunal was required to determine if the applicant had a current, approved nomination from a standard business sponsor that had not ceased. This involved examining the status of Auservices Pty Ltd as a sponsor and the validity of the nomination made in relation to the applicant. The Tribunal also had to consider the impact of the repeal of the Subclass 457 visa program and its replacement by the Subclass 482 visa, and whether any transitional arrangements applied to the applicant's case.

The Tribunal reasoned that the applicant's nomination was never formally approved, as the Department had refused to approve Auservices Pty Ltd as a standard business sponsor, leading to the administrative finalisation of the nomination. Furthermore, the Subclass 457 visa program was repealed and replaced by the Subclass 482 visa in March 2018, and new nominations lodged after that date were for the Subclass 482 visa, not for outstanding Subclass 457 applications. The Tribunal noted that Auservices Pty Ltd was deregistered in July 2018, meaning it could no longer be a standard business sponsor. Consequently, the Tribunal concluded that the applicant did not meet the requirement of having a current approved nomination from a standard business sponsor.

The Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa, Subclass 457, as the essential requirement of an approved nomination was not met. No claims were made or evidence provided regarding other potential streams within clause 457.223, nor was there any indication that the applicant could satisfy the criteria for those streams.