Lavery (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by an applicant nominated by Norlav Pty Ltd for the occupation of Caravan Park and Camping Ground Manager. The central dispute concerned whether the applicant met the requirements of cl.457.223(4)(aa) of the Migration Regulations 1994, which mandates that the nominated occupation must be specified in a relevant written instrument in effect at the time.

The Tribunal was required to determine if the nominated occupation, Caravan Park and Camping Ground Manager, was specified in the instrument in effect for the purposes of paragraph 2.72(10)(aa) of the Regulations, given that the nomination was lodged after 1 July 2010. The relevant instrument identified was IMMI 17/060. The Tribunal also considered whether the applicant had been afforded a fair opportunity to provide information, having issued an invitation under s 359(2) of the Migration Act 1958 to which no response was received.

The Tribunal reasoned that as the applicant's nomination was lodged after 1 July 2010 and before 17 January 2018, IMMI 17/060 was the operative instrument. The Tribunal noted that it had not received any information to suggest that the nominated occupation was included in this instrument. Consequently, the applicant failed to satisfy cl.457.223(4)(aa) because the nominated occupation was not specified in the relevant instrument. The Tribunal concluded that as the applicant did not meet the applicable criteria for the visa, the decision under review had to be affirmed.

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