Guder (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by an applicant who had previously been the subject of a Federal Circuit Court remittal. The applicant sought to rely on the standard business sponsor stream for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased, as required by subclause 457.223(4)(a).

The Tribunal reasoned that the applicant did not meet the requirements of subclause 457.223(4)(a) because the approved nomination that was intended to support her visa application had ceased. As the applicant was not the subject of a relevant approved nomination capable of supporting her application, the Tribunal found that the requirements for the standard business sponsor stream had not been met. No claims were made or evidence provided to suggest the applicant could satisfy the criteria for any other streams within subclause 457.223.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Temporary Business Entry (Class UC) visas.