Jang (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), by Mr Jang, who sought to work as a Chef. The decision under review was made by the Administrative Appeals Tribunal (AAT), presided over by Member Katie Malyon. The core of the dispute revolved around whether Mr Jang met the requirements for the visa, specifically concerning an approved nomination by a standard business sponsor.

The Tribunal was required to determine whether Mr Jang satisfied the criteria set out in clause 457.223(4)(a) of Schedule 2 to the Regulations. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal also considered whether Mr Jang met the requirements of the labour agreement stream, as an alternative pathway.

The Tribunal reasoned that Mr Jang had not met the requirements of clause 457.223(4)(a) because there was no evidence of an approved or pending nomination in his support. The Tribunal noted that it had previously informed Mr Jang of adverse information, including the refusal of the Company's nomination and the closure of the Subclass 457 visa program to new nomination applications following the introduction of Amending Regulations. As Mr Jang did not respond to the Tribunal's notification, the Tribunal concluded that the standard business sponsor stream requirements were not met. Furthermore, no claims were made, nor was there evidence to suggest Mr Jang could satisfy the criteria for the labour agreement stream. Consequently, the Tribunal affirmed the decision not to grant Mr Jang the visa.