Nair (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457. The applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased.

The Tribunal was required to determine if the applicant had satisfied the criterion that there was an approved nomination for the occupation in relation to him. This involved considering the refusal of the nomination application by the Department and the subsequent affirmation of that refusal by the Tribunal. The applicant had also lodged an appeal to the Federal Circuit Court regarding the nomination refusal and requested a deferral of the visa review until that appeal was determined.

The Tribunal reasoned that a prerequisite for the grant of the visa was an approved nomination. It noted that the nominator's application for approval of the nominated position had been refused, and this decision had been affirmed by the Tribunal. Despite the applicant's submission that he had appealed the nomination refusal and sought a deferral, the Tribunal found that the applicant had been afforded a reasonable opportunity to provide further documentation relevant to the appeal, but had not done so. Consequently, the Tribunal concluded that the requirement for an approved nomination had not been met.

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa, finding that the requirements for the standard business sponsor stream had not been met. No claims were made in respect of other visa streams, and there was no evidence that the applicant could satisfy the criteria for those streams.