Esmaeilzadeh (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Skilled Work), by Mr Esmaeilzadeh. The review applicant was Mr Esmaeilzadeh, and the decision under review was made by the Administrative Appeals Tribunal (AAT). The AAT affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether Mr Esmaeilzadeh met the requirements of subclause 457.223(4)(a)(i) of the Migration Regulations 1994. This subclause mandates that an applicant must have an approved nomination of an occupation relating to them by a standard business sponsor, which has not ceased. The Tribunal also considered the status of a secondary applicant, noting that their review was not being pursued.

The Tribunal reasoned that Mr Esmaeilzadeh had nominated Picasso Building and Renovations Pty Ltd as his sponsoring employer and stated his occupation as a cabinet maker. However, the sponsoring employer, acting as the nominator, failed in its application for approval of the nomination for this occupation. Consequently, at the time of the decision, there was no approved nomination in place for Mr Esmaeilzadeh, meaning the requirement of cl.457.223(4)(a)(i) was not satisfied. As no claims were made regarding other visa streams, and no evidence was presented to suggest eligibility for them, the Tribunal found that the requirements for the standard business sponsor stream had not been met.

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa. No findings or orders were made in relation to the secondary applicant, as their migration agent advised that a review of the Department's decision was not being sought.