Lin (Migration)

The Administrative Appeals Tribunal considered a decision concerning a visa applicant and Newlink Construction Pty Ltd, who had made a nomination in support of the applicant's Subclass 457 visa application. The core of the dispute revolved around whether the applicant met the requirements of cl.457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination by a standard business sponsor that has not ceased.

The Tribunal was required to determine if the applicant satisfied the criteria under cl.457.223(4)(a), specifically concerning the validity and approval of the nomination made by Newlink Construction Pty Ltd. This involved assessing whether the nomination itself was still effective and capable of supporting the visa application, given the subsequent events.

The Tribunal reasoned that the nomination made by Newlink Construction Pty Ltd was refused. During the review process for this nomination refusal, Newlink Construction Pty Ltd was deregistered as a company. Consequently, the Tribunal found it lacked jurisdiction to review the nomination refusal, meaning the refusal stood. As the applicant did not provide a response to a s.359A letter and the evidence indicated the nomination had been refused and could not be reviewed, the Tribunal concluded that the applicant did not meet the requirement of having an approved nomination under cl.457.223(4)(a).

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa, finding that the requirements for the standard business sponsor stream had not been met. No claims were made or evidenced in relation to other streams within cl.457.223.