LI (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, by the applicant, LI. The Tribunal was required to review the delegate's decision to refuse the visa. The applicant's prospective employer, Comfee Foot Hurstville Pty Ltd, had its nomination application refused on 25 May 2018. Although the employer applied for review of this refusal, the application was subsequently withdrawn and the refusal decision remained unchanged.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation relating to the applicant by a standard business sponsor. The Tribunal also considered whether the applicant could satisfy the criteria for other streams under clause 457.223, in the absence of an approved nomination.

The Tribunal reasoned that the refusal of the employer's nomination application, which was not overturned by a subsequent review, meant that there was no approved nomination in place for the applicant. Despite receiving additional documentation from the applicant, the Tribunal found that this material did not include information relevant to the existence of an approved nomination. Consequently, the Tribunal concluded that clause 457.223(4)(a) was not satisfied. As no claims were made regarding other visa streams and no evidence was presented to suggest the applicant could meet those criteria, the Tribunal affirmed the delegate's decision.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visa to the applicant and the secondary applicants, Lianghi Li, Zige Li, and Shuzhi Liang.