Gomez (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work Skilled), brought by an applicant sponsored by Meaningful Care Pty Ltd. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for the visa, specifically in relation to an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 457.223(4)(a) of the Migration Regulations, which mandates an approved nomination by a standard business sponsor that has not ceased. The Tribunal also considered whether the sponsoring business, Meaningful Care Pty Ltd, was subject to a sponsorship bar under section 140M(2) of the Migration Act.

The Tribunal found that Meaningful Care Pty Ltd, which had previously traded as MPJEL Care Pty Ltd, was barred from being an approved standard business sponsor until 19 September 2021. As there was no evidence of an approved nomination by a standard business sponsor, the Tribunal concluded that the applicant failed to meet the requirements of clause 457.223(4)(a). Consequently, the Tribunal affirmed the decision not to grant the visa.