de Oliveira Branquinho (Migration)

This matter concerned an appeal by the applicant, de Oliveira Branquinho, against a decision of the Department of Immigration to refuse her a Temporary Business Entry (Class UC) visa, subclass 457. The applicant, a citizen of Brazil, had applied for the visa based on a nominated occupation of Photographer, with her employer Easy Payments Pty Ltd. The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4) of Schedule 2 to the Regulations.

The Tribunal was required to determine whether the applicant's intention to perform the nominated occupation was genuine, and whether the position associated with the nominated occupation was itself genuine. This was in addition to the delegate's initial concerns regarding the applicant's qualifications and work experience. The applicant had provided various documents, including invoices, tax assessments, bank statements, and work references, to support her application.

During the hearing, the applicant disclosed that she had not worked for her nominating employer since December 2018, after the delegate's initial decision. She stated she had been travelling and was then working as a nanny in Sydney. While the Tribunal accepted that continuing to work in the nominated position was not a condition of her bridging visa, it considered this cessation of employment a relevant factor in assessing the genuineness of her intention to perform the occupation and the genuineness of the position. The Tribunal concluded that the requirements for the standard business sponsorship stream had not been met.

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