MULVEY (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, specifically Subclass 457 (Temporary Work (Skilled)) visas, under the standard business sponsor stream. The applicants sought review of a decision not to grant them these visas. The Tribunal, presided over by Member Angela Julian-Armitage, was tasked with determining whether the applicants met the relevant visa requirements.

The central legal issue before the Tribunal was whether the primary visa applicant satisfied the criteria set out in clause 457.223(4)(a) of the Migration Regulations 1994. This clause requires, among other things, that there be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval has not ceased.

The Tribunal reasoned that the nominating employer had withdrawn its application for review of the delegate's decision to refuse the nomination. Consequently, there was no longer an approved nomination in place. As the requirement for an approved nomination under clause 457.223(4)(a) was not met, the Tribunal found that the applicants did not satisfy the criteria for the standard business sponsor stream. As the primary applicant failed to meet these requirements, the secondary applicant also could not meet the criteria for their visa.

Accordingly, the Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.