Lai (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary dispute concerned whether the applicant met the requirements for an approved nomination by a standard business sponsor, as stipulated by clause 457.223(4)(a) of the Migration Regulations. The applicant's nominated sponsor, Raffles Campus (Australia) Pty Ltd, had its nomination application refused by the Department, a decision which the Tribunal was also reviewing.

The central legal issue before the Tribunal was to determine if the applicant satisfied clause 457.223(4)(a), which mandates an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. The Tribunal was required to assess whether such an approved nomination existed in light of the delegate's refusal and the subsequent review process.

The Tribunal reasoned that the applicant had been informed that her nomination application had been refused and that the Tribunal affirmed this refusal on 15 November 2018. Following this, the applicant was invited to comment on the information that would lead to the affirmation of the visa refusal, specifically referencing the lack of an approved nomination. As the applicant failed to respond to this invitation by the due date, and provided no evidence of an approved nomination by Raffles or any other sponsor, the Tribunal concluded that the requirements of clause 457.223(4)(a) were not met.

Consequently, the Tribunal affirmed the decision not to grant the first named applicant a Temporary Business Entry (Class UC) visa. The Tribunal also noted that it did not have jurisdiction with respect to the second named applicant.