JOSHI (Migration)

This decision concerns a visa applicant seeking a Temporary Business Entry (Class UC) visa, subclass 457. The applicant's proposed nominator was RAMONA PTY LTD AND R FAMILY TRUST. The matter came before the Tribunal on review of a decision by the Department not to approve the nomination.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. 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 reasoned that the applicant had failed to satisfy clause 457.223(4)(a) because the review of the Department's decision not to approve the nomination made by RAMONA PTY LTD AND R FAMILY TRUST had been affirmed on 8 November 2017. Furthermore, there was no information on the Department's file indicating that the applicant was the subject of any other approved nomination by a standard business sponsor. Consequently, the Tribunal found that the requirements for the standard business sponsor stream had not been met.

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