Haddad (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination for the relevant occupation by a standard business sponsor that has not ceased.

The Tribunal was required to determine if the applicant satisfied the criterion that there was an approved nomination for the occupation. This involved considering the status of the nomination application made by FWT Pty Ltd ATF Fawkner Wheels & Tyres Trust, which had been refused by a delegate of the Minister. The nominator had subsequently withdrawn its application for review of this refusal, and the Tribunal had accepted this withdrawal, meaning it no longer had jurisdiction to review the nomination refusal.

The Tribunal reasoned that because the nominator's application for the nominated position had not been approved, the applicant could not satisfy the requirement under clause 457.223(4)(a). The Tribunal had invited the applicant to comment on this information, as required by section 359A of the Migration Act 1958, but the applicant's response did not overcome the fact that the nomination had not been approved. Consequently, the Tribunal concluded that the applicant did not meet a necessary criterion for the grant of the visa.

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