Korkietnan (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 457 (Temporary Work (Skilled)) visa. The applicants were seeking to enter Australia under the Temporary Business Entry (Class UC) visa category, with the primary applicant nominated for the position of Café or Restaurant Manager by JN Food and Beverage Pty Ltd. The core of the dispute revolved around the validity of the nomination for the primary applicant and, consequently, the eligibility of the secondary applicant.

The Tribunal was required to determine whether the applicants met the criteria for a Subclass 457 visa, specifically focusing on clause 457.223(4)(a) of the Migration Regulations. This clause mandates that a visa applicant must have an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also considered the criteria for secondary applicants, which require them to be family members of a primary applicant who has satisfied the primary criteria and holds a Subclass 457 visa.

The Tribunal's reasoning centred on the fact that the nomination application made by JN Food and Beverage Pty Ltd had previously been refused by the Department and that this refusal was affirmed by the Tribunal on 17 December 2018. The applicants were provided with this information and invited to comment, but failed to do so by the stipulated deadline. As an approved nomination is a prerequisite for the grant of a Subclass 457 visa under clause 457.223(4)(a), the Tribunal concluded that this essential requirement had not been met. Consequently, the Tribunal found that the applicants did not satisfy the criteria for the standard business sponsorship stream.

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