Conway (Migration)

The Administrative Appeals Tribunal considered a review of a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457, for an applicant nominated by Nordic Jewellery Pty Ltd. The applicant sought the visa based on a nomination for the occupation of Training and Development Professional.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination for the applicant's occupation by a standard business sponsor that has not ceased. The Tribunal also considered whether the nominated occupation remained on the list of eligible occupations for the visa.

The Tribunal found that the initial nomination for Training and Development Professional was refused by the Department, and the applicant did not respond to invitations to comment or withdraw her application. Subsequently, the nominated occupation was removed from the list of eligible occupations. While the applicant later provided information about a second nomination for Sales and Marketing Manager and was granted an extension to provide details, no further information was received by the Tribunal. The Tribunal reasoned that as the initial nomination was refused and the nominated occupation was removed from the eligible list, and no approved nomination for a valid occupation was presented, the requirements of clause 457.223(4)(a) were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa.