Kaur (Migration)

The Administrative Appeals Tribunal reviewed decisions to refuse Temporary Business Entry (Class UC) visas, subclass 457, to the applicants. The primary applicant was nominated by Zitire Pty Ltd T/AS Sea Salt for the occupation of Restaurant Manager. The nomination application made by Zitire Pty Ltd T/AS Sea Salt had previously been refused by the Department, and this refusal was affirmed by the Tribunal on 11 September 2018.

The Tribunal was required to determine whether the applicants met the criteria for the subclass 457 visa, specifically clause 457.223(4)(a) of the Migration Regulations. This clause mandates that a visa applicant must be the subject of an approved nomination by a standard business sponsor in relation to a specified occupation at the time the Tribunal makes its decision. For secondary applicants, the Tribunal also considered clause 457.321, which requires them to be family unit members of a primary applicant who has satisfied the primary criteria and holds a subclass 457 visa.

The Tribunal reasoned that because the nomination by Zitire Pty Ltd T/AS Sea Salt had been refused and this refusal was affirmed by the Tribunal, the requirement for an approved nomination under clause 457.223(4)(a) was not met. The applicants were provided with an opportunity to comment on this information under section 359A of the Act but failed to provide any response. Consequently, the Tribunal concluded that the applicants did not satisfy the criteria for the standard business sponsorship stream of the subclass 457 visa.

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