Hung (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), brought by an applicant whose nomination by Capmarket & Co Pty Ltd had not been approved. The Administrative Appeals Tribunal, constituted by K. Chapman, was required to determine whether the applicant met the requirements for the visa, specifically clause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 457 visa, particularly the requirement for an approved nomination by a standard business sponsor. The Tribunal also considered whether it was appropriate to decline an indefinite adjournment of the decision-making process, given that the applicant had not responded to an invitation under section 359A of the Migration Act 1958.

The Tribunal reasoned that clause 457.223(4)(a) mandates that a nomination of an occupation in relation to the applicant must have been approved by a standard business sponsor and that such approval must not have ceased. In this instance, the Tribunal found that the nomination of the applicant for the position of Sales and Marketing Manager by Capmarket & Co Pty Ltd had not been approved. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 457.223(4)(a) and, as no claims were made in respect of other visa streams, the decision under review, which was not to grant the visa, had to be affirmed.