MABOGODAGE (Migration)

The Administrative Appeals Tribunal considered the case of MABOGODAGE, involving applicants seeking a Temporary Work (Long Stay Activity) (Class GB) visa, Subclass 401, under the sport stream. The primary dispute concerned whether the applicant met the criteria for a genuine temporary entrant, particularly in light of a closed visa class and the absence of an approved nomination at the time of the decision.

The Tribunal was required to determine whether the applicant was the subject of a current, approved nomination as stipulated by clause 401.212 of the Migration Regulations. This clause mandates that an applicant must be identified in an approved nomination that has not ceased, and that the nominator must have been a valid sponsor at the time of approval. The Tribunal also had to consider whether any adverse information known to the Department about the nominator or associated persons was present, and if so, whether it was reasonable to disregard such information.

The Tribunal reasoned that the applicant's original nomination, approved on 1 August 2014, had ceased by operation of law on 1 August 2015. While the applicant provided documentation relating to a new nomination lodged for a Subclass 408 visa and sought an extension to submit a new Subclass 401 nomination approval, the Tribunal noted that the Subclass 408 nomination was not relevant to the Subclass 401 visa application under review. The Tribunal concluded that the applicant did not satisfy the primary criteria for the grant of a Subclass 401 visa because they were not the subject of a valid and current nomination at the time of the decision. Consequently, the secondary applicants, who relied on the primary applicant satisfying the criteria, also failed to meet their eligibility requirements.

The Tribunal affirmed the decisions not to grant the applicants the Temporary Work (Long Stay Activity) (Class GB) visas.