Hettiarachchige (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), reviewed by the Tribunal. The applicant had previously worked for Char Bar Pty Ltd but had ceased employment there due to a wage dispute and no longer worked for that entity. The applicant was currently employed as a Chef by The Oaks Darwin Hotel, but this employer indicated they would not sponsor the applicant's visa. The Tribunal affirmed the decision not to grant the visa.

The primary 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 in relation to the applicant, made by a standard business sponsor, and that this approval must not have ceased. The Tribunal also considered whether the applicant could satisfy the criteria for any other streams within clause 457.223, in the absence of meeting the standard business sponsorship stream requirements.

The Tribunal accepted the applicant's evidence that they were no longer employed by Char Bar Pty Ltd and that their current employer, The Oaks Darwin Hotel, would not sponsor their visa. Despite acknowledging the applicant's difficult situation, the Tribunal found that there was no approved nomination in place that met the requirements of clause 457.223(4)(a). As no claims were made regarding other visa streams and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met.