Jun (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Temporary Business Entry (Class UC) visa, Subclass 457. The applicant, who was nominated by IBN College Pty Ltd for the position of Student Counsellor, sought review of the delegate's decision to refuse the visa. The core of the dispute revolved around the requirement for an approved nomination, as stipulated by clause 457.223(4)(a) of the Migration Regulations.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. The Tribunal noted that the delegate had refused the nomination application of IBN College Pty Ltd on 17 October 2016, and subsequently, on 18 April 2018, the Tribunal itself affirmed the Department’s decision not to approve the nomination.

In its reasoning, the Tribunal referred to clause 457.223(4)(a), which mandates that a nomination must have been approved under section 140GB of the Act, made by a standard business sponsor, and that the approval must not have ceased. The Tribunal found that as the nomination by IBN College Pty Ltd had not been approved, and indeed the Tribunal had affirmed the decision not to approve it, the applicant could not satisfy this essential requirement. The applicant was given an opportunity to comment on the information leading to the Tribunal's decision regarding the nomination but did not respond. Consequently, the Tribunal concluded that the requirements for the standard business sponsor stream were not met.

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa, as the applicant had failed to meet the mandatory requirement of having an approved nomination. No claims were made or evidence provided regarding other visa streams.