Deyophin (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, subclass 457, by multiple applicants. The primary applicant sought review of a decision by the Department to refuse the grant of the visa, and the secondary applicants sought review of the refusal of their visas, which were contingent on the primary applicant's eligibility. The review was heard by the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the applicants had satisfied the requirements of clause 457.223(4)(a) of the Migration Regulations. This clause mandates that for a subclass 457 visa, there must be an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal was required to determine if such an approved nomination existed at the time of its decision.

The Tribunal's reasoning focused on the fact that the nomination application lodged by the prospective employer of the primary applicant had been refused by the Department. Furthermore, the Tribunal itself had affirmed the Department's decision not to approve this nomination on 18 May 2018. Consequently, the Tribunal found that the requirement for an approved nomination, as stipulated in clause 457.223(4)(a), had not been met. The Tribunal also noted that no claims had been made regarding other potential streams under clause 457.223, nor was there evidence that the applicants could satisfy the specific criteria for those streams.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.