Geagea (Migration)

This matter concerned an application for review of a decision to refuse to grant a Temporary Business Entry (Class UC) visa, subclass 457. The applicant was the primary visa applicant, and Rock Form Group Pty Ltd was the proposed nominator. The review was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased.

The Tribunal's reasoning focused on the fact that the nominator, Rock Form Group Pty Ltd, had its nomination application refused by the Department of Home Affairs on 11 October 2018. The Tribunal subsequently affirmed this decision to refuse the nomination on 7 July 2022. The Tribunal notified the applicant under section 359A of the Migration Act 1958, inviting comment on the relevance of the refused nomination to their visa application. Despite being invited to comment, the applicant's legal representatives instructed the Tribunal not to make submissions and requested the decision be affirmed. Consequently, the Tribunal concluded that the applicant could not satisfy the criterion in clause 457.223(4)(a) due to the lack of an approved nomination.

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