Gawi (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), under the standard business sponsor stream. The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Member Karen Synon, was required to determine whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. Clause 457.223(4)(a) mandates that such an approved nomination must exist for the applicant to meet the criteria for the visa. The Tribunal also considered the secondary criteria for the visa, specifically clause 457.321, which requires an applicant to be a member of the family unit of a person who has satisfied the primary criteria and holds a Subclass 457 visa.

The Tribunal reasoned that the Department's files contained no record of an approved nomination in relation to the applicant by a standard business sponsor. Consequently, the Tribunal concluded that the applicant did not satisfy the requirements of clause 457.223(4)(a). Furthermore, the Tribunal found that the secondary applicants did not satisfy clause 457.321, as the primary applicant had not met the primary criteria. As no claims were made regarding other streams within clause 457.223, and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal affirmed the original decision. The Tribunal therefore affirmed the decision not to grant the applicants Temporary Business Entry (Class UC) visas.