Kwon (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), made by Mr. Kwon. The decision under review was the refusal to grant the visa. The Tribunal, presided over by Member James Lambie, was tasked with determining whether the applicant met the requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria set out in clause 457.223(4)(a) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased.

The Tribunal found that the nomination of the applicant for the position of Retail Buyer by JJ Cleaning Supplies Pty Ltd had not been approved. Consequently, the Tribunal concluded that the requirement for an approved nomination under clause 457.223(4)(a) was not met. As no claims were made in respect of other visa streams and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal affirmed the decision not to grant the visa.