Cheng (Migration)

This matter concerned an application by Mr Cheng for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The decision under review was a refusal to grant the visa. The Tribunal was required to determine whether Mr Cheng met the requirements of cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994.

The central legal issue was whether Mr Cheng had an approved nomination for the position of Carpenter by a standard business sponsor that had not ceased. The Tribunal noted that it had previously notified Mr Cheng of adverse information, including that the review application for the associated nomination had been finalised as withdrawn. Furthermore, the Tribunal observed that, following amendments to the Regulations, new applications for approval of a nomination in support of a Subclass 457 visa could no longer be made, and there was no evidence of an approved or pending nomination relating to Mr Cheng.

The Tribunal reasoned that, in the absence of a response to its notification and given the lack of evidence of an approved or pending nomination, Mr Cheng had failed to satisfy the requirements of cl.457.223(4)(a). As Mr Cheng had not made claims in relation to the labour agreement stream and there was no evidence he could satisfy those criteria, the Tribunal concluded that the decision to refuse the visa application should be affirmed. The Tribunal affirmed the decision not to grant Mr Cheng the visa.