Morada (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), by a primary applicant and their claimed family members. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicants met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994 for the grant of these visas.

The central legal issue before the Tribunal was whether the applicants could satisfy the criterion in clause 457.223(4)(a), which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal had previously affirmed a decision not to approve the nomination lodged by Dari's Kitchen Pty Limited. The Tribunal put to the applicant that the absence of an approved nomination meant they would not meet an essential criterion for the visa grant.

The Tribunal reasoned that clause 457.223(4)(a)(i) explicitly requires an approved nomination for the grant of a Subclass 457 visa. As there was no evidence of an approved nomination before the Tribunal, and the applicant acknowledged that an approved nomination was a prerequisite for success, the Tribunal concluded that this essential criterion was not met. Citing the authority of *VARSI v MINISTER FOR IMMIGRATION & ANOR* [2018] FCCA 1280, the Tribunal considered it futile to return the matter for further submissions following the nomination refusal, as no useful result could ensue without an approved nomination. The Tribunal found no practical injustice in this approach.

Consequently, the Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants, including the family members, as the requirements for the standard business sponsor stream had not been met due to the lack of an approved nomination.