Highland Pallets Pty Ltd (Migration)

This matter concerned an application for review by Highland Pallets Pty Ltd regarding the refusal of a nomination application for Ms Yu, in relation to a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The Administrative Appeals Tribunal was required to determine whether the decision under review, which affirmed the delegate's refusal to approve the nomination, should be upheld.

The primary legal issue before the Tribunal was whether the applicant, Ms Yu, met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that for a subclass 457 visa, there must be an approved nomination of an occupation by a standard business sponsor that has not ceased at the time of the decision. The Tribunal also considered the implications of the applicant's failure to respond to a request for information made under section 359A of the Migration Act 1958.

The Tribunal reasoned that on 5 June 2018, it had affirmed a prior decision to refuse the nomination. Furthermore, departmental records indicated that Ms Yu was not the subject of an approved nomination by a standard business sponsor. The Tribunal had invited Highland Pallets to comment on this information, which was relevant to clause 457.223(4)(a), but no submissions were received within the prescribed period, nor was an extension requested. Consequently, the Tribunal proceeded to a decision without further action, as permitted by subsection 359C(2) of the Act, and in accordance with established case law regarding the failure to provide requested information.

The Tribunal concluded that the requirements of the standard business sponsorship stream under clause 457.223(4)(a) had not been met. As no claims were made regarding other streams and no evidence was presented to suggest the visa applicant could satisfy those criteria, the Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visa.