Khasria (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) visa, Standard Business Sponsorship stream. The applicant’s nominating employer, P & A Group Investments P/L, had their nomination application refused by the Department. The applicant was then invited to comment on the lack of an approved nomination, but no response was received. Consequently, the Department refused the visa application. The applicant subsequently sought review of this refusal.

The Tribunal was required to determine whether the applicant met the requirements for the grant of the visa, specifically focusing on clause 457.223 of the Migration Regulations 1994. This included assessing whether there was an approved nomination for the applicant's occupation by a standard business sponsor that had not ceased, and whether the applicant met the broader criteria under clause 457.223. The Tribunal also had to consider the impact of legislative amendments that repealed the Subclass 457 visa program and introduced the Subclass 482 visa.

The Tribunal reasoned that the initial refusal of the nomination application by the Department meant that clause 457.223(4)(a) could not be satisfied. Furthermore, the Tribunal noted that the applicant's nominating employer had withdrawn their merits review application. The Tribunal also advised the applicant, via a section 359A letter, that the Subclass 457 visa program had been repealed and that the new Subclass 482 visa was not compatible with nominations made prior to the legislative changes. Despite being invited to respond to this information, the applicant provided no further comments. The Tribunal, having affirmed the delegate's decision to refuse the nomination approval and finding no evidence that the applicant could satisfy the remaining criteria, concluded that the requirements for the visa had not been met.

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