Hildebrandt, Aneta Monika (Migration)

This matter concerned an application for review of a decision not to approve a nomination for a Subclass 457 visa. The applicant sought to nominate a hairdresser. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under Regulation 2.72 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominated individual held, or had applied for, a Subclass 457 visa, and whether the nomination met the requirements of Regulation 2.72, particularly concerning the nominated occupation and the proposed remuneration in light of the repeal of the Subclass 457 visa program. The Tribunal also considered whether the applicant had responded to communications from the Tribunal regarding the status of the nominee's visa application and the legislative changes.

The Tribunal noted that the nominee did not hold a Subclass 457 visa and had no pending application for one. Furthermore, the Subclass 457 visa program had been repealed and closed to new applications prior to the Tribunal's communication. Despite being notified of these critical issues and invited to respond or attend a hearing, the applicant failed to provide any further information or submissions. The Tribunal applied Regulation 2.72, which requires the nomination to identify a visa holder or applicant for a Subclass 457 visa, and found that this fundamental requirement could not be met given the repeal of the program and the nominee's visa status.

The Tribunal affirmed the decision not to approve the nomination.