Kaur (Migration)

This matter concerned an appeal by visa applicants against the refusal of their Temporary Business Entry (Class UC) visas, subclass 457 (Temporary Work (Skilled)). The Administrative Appeals Tribunal was required to determine whether the applicants met the criteria for the visa, specifically clause 457.223(4)(a) of the Migration Regulations, which mandates an approved nomination by a standard business sponsor that has not ceased.

The primary legal issue before the Tribunal was whether the applicants had satisfied the requirement for an approved nomination, given that the nomination application lodged by their prospective employer, Barquewin Pty Ltd, had been refused by the Department and this refusal was subsequently affirmed by the Tribunal itself. The Tribunal also considered whether it should grant an indefinite adjournment to allow the applicants to respond to information that would lead to the affirmation of the visa refusal.

The Tribunal reasoned that clause 457.223(4)(a) requires the visa applicant to be the subject of an approved nomination at the time the Tribunal makes its decision. As the Tribunal had previously affirmed the decision not to approve Barquewin Pty Ltd's nomination, this essential criterion for the visa could not be met. The Tribunal noted that it had invited the applicants to comment on this information and provided a deadline for response, which was not met, and no extension was sought. Consequently, the Tribunal found that the requirements for the standard business sponsor stream had not been met, and there was no evidence that the applicants could satisfy other streams.

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