Moon (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, by Woo Sook Moon. The applicant sought nomination by Topokki Pty Ltd for the position of Chef. The Department of Home Affairs refused the nomination and subsequently refused the visa application. Topokki Pty Ltd sought review of the nomination refusal by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994. This subclause mandates that for a standard business sponsor stream visa, there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and this approval must not have ceased. The Tribunal was required to determine if the nomination lodged by Topokki Pty Ltd had been approved, as this was a prerequisite for the applicant to satisfy the visa criteria.

The Tribunal reasoned that the nomination lodged by Topokki Pty Ltd had been refused by the Department and that this refusal was affirmed by the Tribunal on 16 July 2021. The Tribunal notified the applicant of this information and invited comment, as per section 359A of the Migration Act 1958. The applicant responded, expressing desperation and asserting the truthfulness of previously provided evidence, while also addressing perceived errors in the assessment of their working hours. However, the Tribunal found that the applicant's submissions did not overcome the fundamental issue that the nomination itself had not been approved. Consequently, the Tribunal concluded that the requirements of subclause 457.223(4)(a) were not met.

The Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa, finding that the requirements for the standard business sponsor stream had not been met due to the lack of an approved nomination. No claims were made or evidence provided regarding other streams within clause 457.223.