McCann (Migration)

This matter concerned an application for review of a decision to refuse a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought to have the decision reviewed by the Tribunal.

The central legal issue before the Tribunal was whether the applicant's intention to perform the nominated occupation was genuine, as required by clause 457.223(4)(d)(i) of the Migration Regulations 1994.

The Tribunal noted that the applicant had departed Australia in May 2017 and had not responded to the Tribunal's invitation to comment on information suggesting this absence might indicate a lack of genuine intention to perform the occupation. In light of the applicant's prolonged absence from Australia and the lack of a response, the Tribunal was not satisfied that the applicant's intention to perform the occupation was genuine. Consequently, the Tribunal found that the applicant did not meet the criteria under clause 457.223(4)(d)(i). As the applicant failed to satisfy this applicable criterion for the grant of a Subclass 457 visa, the Tribunal affirmed the decision not to grant the visa.