Donnadieu (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), under the standard business sponsorship stream. The applicant sought to work as a Wall and Floor Tiler.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4) of the Migration Regulations. Specifically, the Tribunal had to determine if a nomination of the occupation in relation to the applicant had been approved under section 140GB of the Migration Act 1958 (Cth).

The Tribunal reasoned that the applicant had not satisfied the requirement for an approved nomination, as stipulated in clause 457.223(4)(a)(i). As no claims were made regarding other visa streams, and there was no evidence of the applicant being able to meet the criteria for those streams, the Tribunal concluded that the essential requirement of an approved nomination was not met. Consequently, the Tribunal was bound to affirm the original decision.

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