Marshall (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mr Marshall. The applicant arrived in Australia in November 2015 and subsequently registered Echo Asphalts Pty Ltd, which he intended to be the sponsoring business. Mr Marshall began working for the business around February 2016 and lodged his visa application on 16 February 2016. The Tribunal was required to determine whether the applicant met the requirements of cl.457.223(4)(a) of the Regulations, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased.

The central legal issue before the Tribunal was whether Mr Marshall was the subject of an approved nomination that had not ceased at the time the Tribunal was making its decision. The Tribunal had previously affirmed the decision not to approve the standard business sponsorship application of Echo Asphalts Pty Ltd on 24 January 2018. Following this, the applicant was invited to comment on this information, specifically the fact that his sponsoring business's application had been refused and that there was no evidence of an approved nomination in his favour. The applicant failed to provide any comments or response within the timeframe allowed, nor did he seek an extension.

The Tribunal reasoned that the applicant had not met the requirements of cl.457.223(4)(a) because there was no evidence of an approved nomination at the time of the decision. Despite the applicant's assertion that the nomination application was the only one pending in his favour, the Tribunal noted that the sponsoring business's application had been refused and this decision was affirmed. As the applicant did not provide any further information or response to the Tribunal's invitation to comment on the lack of an approved nomination, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met.

Consequently, the Tribunal affirmed the decision not to grant Mr Marshall the Temporary Business Entry (Class UC) visa. The Tribunal found that the applicant had not satisfied the criteria for the standard business sponsor stream, and no claims were made or evidence provided regarding other potential streams under cl.457.223.