DE CARVALHO ROSA (Migration)

This matter concerned an application for review of a decision to refuse a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by Mr De Carvalho Rosa. The application was made under the standard business sponsor stream. The Tribunal, constituted by Katie Malyon, was required to determine whether Mr De Carvalho Rosa met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994.

The central legal issue was whether there was an approved nomination of an occupation relating to Mr De Carvalho Rosa by a standard business sponsor that had not ceased. The Tribunal noted that it had previously written to Mr De Carvalho Rosa pursuant to section 359A of the Migration Act 1958, providing adverse information regarding the delegate's decision to refuse the company's nomination. The Tribunal also advised that new applications for nomination approval were no longer permitted under the amended regulations and that there was no evidence of an approved or pending nomination relating to Mr De Carvalho Rosa.

The Tribunal reasoned that Mr De Carvalho Rosa had failed to respond to the section 359A invitation to comment, nor had he sought an extension of time. Consequently, the Tribunal found that the requirements of clause 457.223(4)(a) were not met, and therefore, the requirements for the standard business sponsor stream were not satisfied. As no claims were made regarding the labour agreement stream, and no evidence was presented to suggest he could satisfy its criteria, the Tribunal affirmed the decision to refuse the visa. The Tribunal affirmed the decision not to grant Mr De Carvalho Rosa a Temporary Business Entry (Class UC) visa.