Nguyen (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by an applicant whose nominated occupation was Carpenter and Joiner. The applicant's sponsor was HIBOB PTY LTD. The Administrative Appeals Tribunal, constituted by Member Penelope Hunter, was required to review the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Regulations, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also considered whether the applicant met the primary criteria for the visa under clause 457.224 and, consequently, the secondary criteria for a family member under clause 457.321.

The Tribunal reasoned that the applicant could not satisfy clause 457.223(4)(a) because the nomination by HIBOB PTY LTD had been refused by the Department and this refusal was subsequently affirmed by the Tribunal on review. As there was no evidence of an approved nomination, the Tribunal found that the applicant had not met the primary criteria for the visa. Consequently, the secondary criteria for a family member also could not be met.

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