Jotic (Migration)

The Administrative Appeals Tribunal, with Member Cathrine Burnett-Wake presiding, considered an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The dispute centred on whether the primary visa applicant met the requirements for the visa, specifically concerning an approved nomination for the position of Corporate Services Manager. The nominator, DJB Clean Pty Ltd, had its application for approval of the nominated position refused, and subsequent merits review of that refusal was also affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that for a visa to be granted under the standard business sponsorship stream, there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and this approval must not have ceased. The Tribunal also considered whether the applicant could satisfy any other streams within clause 457.223, given the lack of an approved nomination.

The Tribunal reasoned that the fundamental requirement of an approved nomination, as stipulated in clause 457.223(4)(a)(i), had not been met. The evidence clearly indicated that the nominator's application for approval of the nominated position had been refused, and this refusal had been upheld on review. Consequently, there was no approved nomination in place. The Tribunal had notified the applicant of this critical deficiency and provided an opportunity to respond, but no response was received. As the applicant had not met this essential criterion, and no claims or evidence were presented regarding alternative visa streams, the Tribunal concluded that the requirements for the visa had not been satisfied.

Accordingly, the Tribunal affirmed the decision not to grant the applicants Temporary Business Entry (Class UC) visas.