KAWALJEET (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The review was heard by Karen Synon, Member of the Tribunal.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased.

The Tribunal found that the applicant did not meet the requirements of clause 457.223(4)(a). It was noted that the nomination in respect of the applicant, made by ANBA KARAS PTY LTD AFT ANBA KARAS UNIT TRUST, had been withdrawn on 16 July 2019. Furthermore, the Department's files contained no record of an approved nomination for the applicant by a standard business sponsor. As no relevant nomination was in place, the Tribunal concluded that the applicant had not satisfied this essential criterion for the standard business sponsorship stream. No claims were made, nor was there evidence presented, to suggest the applicant could satisfy the criteria for any other streams under clause 457.223.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa.