Orions Doors & Screens Plus Pty Ltd (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant, Orions Doors & Screens Plus Pty Ltd, sought review of a decision by the Tribunal which affirmed a departmental decision not to approve a nomination application for a visa applicant for the position of Glazier.

The primary legal issue before the Tribunal was whether the visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased.

The Tribunal reasoned that its previous decision on 28 November 2018, which affirmed a departmental refusal to approve the nomination application by Orions Doors & Screens Plus Pty Ltd, was determinative. As no evidence had been presented to demonstrate a current approved nomination by a standard business sponsor, the Tribunal found that the applicant failed to satisfy clause 457.223(4)(a)(i). Consequently, the Tribunal concluded that the requirements for the standard business sponsor stream were not met, and no claims were made or evidenced in respect of other visa streams.

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