DA ROCHA BRAGA JUNIOR (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457. The applicant sought to rely on a nomination by Squirrel Superannuation Services Pty Ltd. The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination by a standard business sponsor that has not ceased.

The Tribunal considered that the nomination by Squirrel Superannuation Services Pty Ltd had not been approved and had been administratively finalised by the Department following the refusal to approve the company as a standard business sponsor. The Tribunal had invited the applicant to comment on information indicating that the most recent nomination had been finalised in June 2017, and that the subclass 457 visa had been repealed and replaced by the subclass 482 visa in March 2018, meaning new nominations would not support an outstanding subclass 457 application. The applicant failed to provide comments within the prescribed period, leading to the application of section 359C of the Migration Act 1958 and the applicant's loss of entitlement to appear before the Tribunal under section 360(3).

The Tribunal reasoned that as the applicant had not provided comments within the stipulated timeframe, and consequently was not entitled to a hearing, it could proceed to make a decision based on the available information. The core issue was the lack of an approved nomination as required by clause 457.223(4)(a). The Tribunal found that the requirements for the standard business sponsorship stream had not been met, and no claims were made or evidence presented regarding other potential streams.

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