Malone (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Member Alan McMurran, was required to determine whether the applicant met the requirements of subclause 457.223(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the occupation of Science Technicians nec (ANZSCO 31149) by a standard business sponsor, as required by subclause 457.223(4)(a). The Tribunal also considered whether the applicant met the other criteria outlined in subclause 457.223(4) for the standard business sponsorship stream.

The Tribunal found that the nominator's application for approval was refused by the Department on 19 April 2018, and the subsequent application for review by the nominator in the Tribunal was withdrawn on 26 November 2020. Consequently, there was no outstanding approved nomination for the applicant for the specified position. The Tribunal concluded that the requirements of subclause 457.223(4)(a) were not met, and therefore the applicant did not satisfy the criteria for the visa under the standard business sponsor stream. No claims were made or evidence provided regarding other streams within subclause 457.223.

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