Chuah Tung Lin (Migration)

The Administrative Appeals Tribunal considered the case of Chuah Tung Lin, who sought review of a decision not to grant a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The primary issue before the Tribunal was whether the applicant met the requirements of clauses 457.223(4)(a) and (eb) of the Migration Regulations 1994.

The Tribunal was required to determine two key legal issues: first, whether the applicant's nomination by Fortune 118 Pty Ltd had ceased to be valid, particularly in light of the repeal of the 457 visa program and the introduction of transitional provisions; and second, whether the applicant had satisfied the English language proficiency requirements for the visa.

Regarding the nomination, the Tribunal found that although the nomination was approved on 7 July 2017, and would ordinarily cease 12 months later under regulation 2.75(2)(b), transitional provisions (clause 6704(15) of Schedule 3) preserved the nomination's validity. This was because the nomination was made before 18 March 2018, the applicant applied for the subclass 457 visa before that date, and applied for a review of the visa refusal within 12 months of the nomination's approval. The Tribunal was satisfied that no other cessation factors applied, and therefore the nomination remained valid. However, the Tribunal found that the applicant had not met the English language requirements under clause 457.223(4)(eb), as the required test results had not been submitted.

Consequently, the Tribunal affirmed the decision not to grant the visa, concluding that the applicant had not met all the necessary requirements for the standard business sponsorship stream.