Ozkul (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), made by the applicant. The decision under review was the refusal to grant this visa. The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased. The Tribunal considered that the applicant's proposed employer, Yimu Signs Pty Ltd, had its application to be approved as a standard business sponsor refused on 19 July 2016, and this refusal was affirmed by the Tribunal on 16 January 2018. Consequently, there was no approved nomination in place for the applicant at the time of the Tribunal's decision.

The Tribunal reasoned that clause 457.223(4)(a) mandates an approved nomination by a standard business sponsor that has not ceased. As Yimu Signs Pty Ltd was not a standard business sponsor and no approved nomination existed, this requirement was not met. The Tribunal had invited the applicant to provide comments or evidence to the contrary, but no response was received. The Tribunal also noted a non-disclosure certificate on the Department's file but found the information it related to was not relevant to the issues before it.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa, finding that the requirements for the standard business sponsor stream had not been met.