JACOB (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Temporary Business Entry (Class UC) visa, subclass 457. The applicant, a citizen of India, was sponsored by Queensland Cyprus Supplies Pty. Ltd. for the occupation of Production Manager (Forestry). The core dispute revolved around whether the applicant met the requirements for the visa, particularly in light of the repeal of the 457 visa program and the cessation of the applicant's nomination.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations, which mandates an approved nomination by a standard business sponsor that has not ceased. Secondly, the Tribunal considered whether the applicant satisfied Public Interest Criterion 4020 (PIC 4020), as raised by the Department in its refusal decision.

The Tribunal reasoned that the applicant's nomination had ceased on 10 October 2017, by operation of regulation 2.75(2)(b), which limits the duration of a nomination approval to 12 months. Crucially, the savings provision introduced with the replacement of the 457 visa program on 18 March 2018 did not have retrospective effect and therefore did not revive nominations that had already expired. As there was no approved nomination in place at the time of the program's repeal, the applicant failed to meet the threshold requirement of clause 457.223(4)(a). Although the Tribunal also considered PIC 4020, the failure to meet the nomination requirement was sufficient to dispose of the application.

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