Kaur (Migration)

The Administrative Appeals Tribunal considered the application of Ms Kaur for a Skilled (Provisional) (Class VC) visa. The applicant had previously held a Temporary Business Entry (Class UC) visa, subclass 457, as a fleet manager. The nominated occupation for the subclass 457 visa was subsequently removed from the list of eligible occupations, and the nomination was neither approved nor pending at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant met the eligibility requirements for the Skilled (Provisional) (Class VC) visa, particularly in light of the changes to the nominated occupation and the status of the prior visa sponsorship. The Tribunal was required to determine if the applicant's circumstances, as they stood at the time of the decision, satisfied the relevant legislative criteria for the visa subclass sought.

The Tribunal affirmed the decision not to grant the visa. This decision was based on the fact that the applicant's nominated occupation was no longer on the list of eligible occupations, and the prior nomination for the subclass 457 visa was not approved or pending. Consequently, the applicant did not satisfy the criteria for the Skilled (Provisional) (Class VC) visa.