Jagdev (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by a visa applicant against a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The Tribunal was required to determine if there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. The evidence before the Tribunal indicated that two nominations lodged by Exotic Pizza Pty Ltd in respect of the applicant had been refused by the department on 11 January 2017 and 15 December 2017 respectively.

The Tribunal reasoned that clause 457.223(4)(a) mandates an approved nomination for the visa to be granted. As no information had been provided to the Tribunal demonstrating a subsequent approved nomination, the Tribunal concluded that the applicant was not the subject of an approved nomination by a standard business sponsor. Consequently, the requirements of clause 457.223(4)(a) were not met. The Tribunal also noted that no claims had been made in respect of other streams within clause 457.223, and there was no evidence that the applicant could satisfy the specific criteria for those streams.

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