Kovacova (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Temporary Business Entry (Class UC) visa, subclass 457. The applicant sought this visa based on a nomination by The White Red Blue Catering Trust ATF Red White Blue Catering Group Pty Ltd for the occupation of Corporate Services Manager. The core dispute revolved around whether the applicant met the visa requirements, specifically the need for an approved nomination by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied clause 457.223(4)(a) of the Migration Regulations. This clause mandates that there must be an approved nomination for the applicant's occupation by a standard business sponsor, and that this sponsorship must not have ceased. The Tribunal also considered whether the applicant could meet the criteria for any other streams within clause 457.223, given that the primary nomination was refused.

The Tribunal reasoned that the nomination made by The White Red Blue Catering Trust ATF Red White Blue Catering Group Pty Ltd was refused by the Department, and this decision was affirmed by the Tribunal on 22 March 2018. Consequently, the requirement for an approved nomination under clause 457.223(4)(a) was not met. As no claims were made regarding other visa streams and no evidence was presented to suggest the applicant could satisfy their specific criteria, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met.

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