Prickler (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), brought by a primary applicant and secondary applicants. The review applicant sought to have a decision affirmed by the Tribunal, which had refused the primary visa applicant’s eligibility for the visa. The nominated position was Fitness Centre Manager, and the nominator was Julie’s Zumba Fitness Pty Ltd. The Tribunal was presided over by Member Alan McMurran.

The central legal issue before the Tribunal was whether the primary 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. A further issue arose concerning the eligibility of the secondary applicants, who were required to be members of the family unit of a primary applicant who had satisfied the primary criteria and held a Subclass 457 visa.

The Tribunal reasoned that a prior decision on 1 June 2018, in which the Tribunal affirmed a Departmental decision not to approve the nomination for the Fitness Centre Manager role, was determinative. Despite being invited to provide further information, the applicants failed to respond to the Tribunal's section 359A notice. Consequently, the Tribunal found that there was no current approved nomination for the primary applicant. As the requirement for an approved nomination under cl. 457.223(4)(a) was not met, the primary applicant was not eligible for the visa. Furthermore, because the primary applicant did not meet the criteria for the Subclass 457 visa, the secondary applicants, who relied on their relationship to the primary applicant, also failed to meet the requirements of cl. 457.321.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants, concluding that the requirements for the standard business sponsor stream had not been met. No claims were made or evidence provided regarding other streams within cl.457.223.