JHIM (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary dispute revolved around whether the applicant met the necessary criteria for the visa, particularly in light of legislative amendments and the expiry of a crucial nomination.

The Tribunal was required to determine if the applicant satisfied the requirements of clause 457.223(4)(a) of the Migration Regulations, which mandates an approved nomination for the applicant's occupation by a standard business sponsor that has not ceased. The Tribunal also implicitly considered the effect of legislative amendments on the applicant's ability to satisfy current visa requirements.

The Tribunal found that while the applicant initially had an approved nomination for the position of Cook, this nomination, approved on 23 September 2016, ceased 12 months later on 23 September 2017, in accordance with regulation 2.75(2)(b). As the applicant had not provided evidence of a subsequent approved nomination and was unable to obtain a new nomination due to legislative changes effective from 18 March 2018, the Tribunal concluded that clause 457.223(4)(a) was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 457 visa, finding that the requirements for the standard business sponsor stream had not been satisfied.