De Silva (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review of a decision to refuse to grant Temporary Business Entry (Class UC) visas, subclass 457 (Temporary Work (Skilled)). The applicants sought review of the decision, but subsequently withdrew their application for review. As no response was provided within the prescribed period following the withdrawal, the Tribunal affirmed the original decision not to grant the visas.

The primary legal issue before the Tribunal was whether the applicants met the requirements for a subclass 457 visa, specifically concerning the nomination of an occupation and the status of the nominator as an approved sponsor. The Tribunal was required to determine if the conditions stipulated in Clause 457.223 of the Migration Regulations 1994 were satisfied, particularly regarding the approval of the nomination, the nominator's status as a standard business sponsor, and the genuineness of the nominated occupation and the applicant's intention to perform it.

The Tribunal's reasoning focused on the requirements of Clause 457.223, which mandates that a nomination of an occupation must have been approved, and that the nomination must have been made by a person who was a standard business sponsor at the time of approval. The Tribunal noted that the applicants' application for review was withdrawn, and no further information or response was provided within the stipulated timeframe. In the absence of any evidence to satisfy the requirements of Clause 457.223, the Tribunal concluded that the original decision to refuse the visas was correct and therefore affirmed that decision.