Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of a visa applicant seeking review of a decision to refuse their application for a Subclass 457 visa. The applicant was also the representative and principal of the nominator, Huong's Food Service Pty Ltd. The core of the dispute revolved around whether the applicant met the requirements of cl.457.223(4)(a) of the Migration Regulations 1994, specifically concerning an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement for an approved nomination under cl.457.223(4)(a). This clause mandates that a nomination of an occupation relating to the applicant must have been approved by a standard business sponsor and that such approval must not have ceased. The Tribunal was also required to consider the implications of the nominator's unsuccessful review of a decision to refuse their nomination, and the applicant's subsequent request for an extension of time to lodge a new nomination.

The Tribunal reasoned that the nominator's application for a standard business sponsorship had been refused, and this refusal had been affirmed by the Tribunal. Consequently, there was no approved nomination in place for the applicant. The Tribunal noted that Subclass 457 visas were abolished from 18 March 2018, and while theoretically possible, it was unlikely that a sponsorship aligning with the applicant's occupation would still be available. The Tribunal also observed that a Subclass 482 visa application and nomination were not the subject of the current review.

Ultimately, the Tribunal found that the requirements for the standard business sponsor stream under cl.457.223 had not been met, and no claims were made regarding other streams. Therefore, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa.