Ozkan (Migration)

The Administrative Appeals Tribunal considered a matter concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision not to approve their nomination, which was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether to affirm the decision not to approve the applicant's nomination, given that no response had been provided to the Tribunal's invitation to comment on information that indicated the nomination would be refused.

The Tribunal noted that it had previously affirmed the decision not to approve the nomination. Subsequently, the Tribunal issued an invitation under s 359A of the Migration Act 1958 (Cth) to the applicant, informing them that the nomination had been refused and that this refusal would be a reason for affirming the decision under review. Despite granting an extension of time for the applicant to respond, no response was received. Based on the material before it, including the prior decision, the Tribunal was satisfied that the applicant did not have an approved nomination.

Consequently, the Tribunal affirmed the decision not to approve the applicant's visa.