Norani (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 457 Temporary Business Entry visa. The applicant sought review of a decision by a delegate of the Minister to refuse the visa. The delegate had refused the visa on the basis that the applicant did not meet the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which pertains to standard business sponsorship.

The primary legal issue before the Tribunal was whether the applicant met the criteria outlined in clause 457.223(4)(a), specifically concerning the approval of a nomination for the applicant's occupation. The delegate's decision was based on the refusal of the nomination application. The applicant's migration agent argued that the delegate's decision was invalid because a natural justice letter had been issued to an incorrect agent and that the decision was sent to the wrong email address. However, the Tribunal was not satisfied that the delegate's decision was invalid on these grounds and confirmed its jurisdiction to review the matter.

The Tribunal noted that the migration agent had provided evidence of a subsequent "notification of approval of a nomination" with a different transaction reference number, dated 13 December 2018. This differed from the nomination application refusal dated 10 December 2018, which formed the basis of the delegate's refusal. Given this discrepancy and the evidence of an approved nomination, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the first named applicant be considered to meet the criteria of clause 457.223(4)(a) of Schedule 2 to the Regulations. The Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with the direction that the first named applicant meets the specified criteria.