Mosslee Pty. Ltd. ATF Savahl Family Trust (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mosslee Pty. Ltd. ATF Savahl Family Trust on behalf of a nominee. The core dispute revolved around whether the nominee met the requirements for the visa, particularly concerning an approved nomination by a standard business sponsor. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the decision to refuse the visa.

The primary legal issue before the Tribunal was whether the nominee was the subject of a current approved nomination by a standard business sponsor that had not ceased, as required by clause 457.223(4)(a) of the Migration Regulations. If this primary requirement was not met, the Tribunal would not need to consider the secondary issue of whether compelling reasons existed to waive the requirements of Public Interest Criterion 4014. The Tribunal also considered the implications for secondary visa applicants whose eligibility depended on the primary applicant meeting the visa criteria.

The Tribunal reasoned that a current approved nomination is a prerequisite for the grant of a Subclass 457 visa, and in its absence, the Tribunal has no discretion. The evidence indicated that the nominee's most recent approved nomination had expired on 26 July 2017, and there was no pending application for a new nomination. The Tribunal noted that the Subclass 457 visa was repealed and closed to new applications from 18 March 2018, with new criteria for nominations introduced. The Tribunal formally raised this information with the applicants, providing an opportunity to respond, before concluding that the primary visa applicant did not meet the essential criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the primary applicant and the secondary applicants, as their eligibility was contingent on the primary applicant meeting the visa requirements.