Nyam (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), by an applicant nominated for the position of Marketing Specialist by Globalart Pty Ltd. The Administrative Appeals Tribunal (the Tribunal) was required to review the Department's decision not to approve the nomination.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994. This subclause mandates that an approved nomination of an occupation relating to the applicant, made by a standard business sponsor, must not have ceased. The Tribunal also considered whether the applicant could satisfy the criteria for other streams within clause 457.223, in the absence of an approved nomination.

The Tribunal reasoned that on 10 April 2018, it had affirmed the Department's decision not to approve the nomination. Following this, the Tribunal issued a s359A letter to the applicant, indicating that this failure to secure an approved nomination meant the applicant could not meet the requirements of clause 457.223(4)(a). Despite being granted an extension to respond, the applicant provided no further information. Consequently, the Tribunal found no evidence that the applicant was the subject of an approved nomination, thus failing to meet the essential criteria of subclause 457.223(4)(a). As no claims were made regarding other visa streams, and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal affirmed the Department's decision.

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa.