Dhaliwal (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by an applicant who failed to attend a hearing before the Administrative Appeals Tribunal. The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant possessed an approved nomination by a standard business sponsor that had not ceased. Clause 457.223(4)(a) mandates that such an approved nomination is a prerequisite for the grant of the visa. The Tribunal noted that the applicant's proposed nominator, BAZ EXPRESS PTY LTD ATF BAZ UNIT TRUST, had its decision not to approve a nomination in respect of the applicant affirmed by the Tribunal on 30 August 2017. Furthermore, there was no information on the Department's file records indicating any other approved nomination for the applicant by a standard business sponsor.

The Tribunal reasoned that as there was no relevant approved nomination in place, the applicant could not satisfy the requirements of clause 457.223(4)(a). The Tribunal found that the requirements for the standard business sponsor stream had not been met. As no claims were made in respect of other streams under clause 457.223, and there was no evidence that the applicant could satisfy the criteria for those streams, the Tribunal affirmed the decision not to grant the visa.