Rani (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Temporary Business Entry (Class UC) visa, subclass 457, for an applicant whose nominating employer, Glemz Hair & Beauty Studio Pty Ltd, had applied for review of a departmental decision not to approve a nomination for the occupation of Hairdresser. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically clause 457.223(4)(a), which mandates an approved nomination by a standard business sponsor that has not ceased.

The Tribunal's primary legal issue was whether the applicant was the subject of an approved nomination by a standard business sponsor at the time of the decision. To address this, the Tribunal had previously affirmed the decision not to approve the nomination on 19 December 2018. Subsequently, the Tribunal wrote to the applicant on 15 January 2019, pursuant to section 359A of the Migration Act 1958 (Cth), informing them of departmental records indicating the absence of an approved nomination and explaining that this information was relevant to the visa application. The applicant was invited to respond by 29 January 2019, with the possibility of requesting an extension.

The Tribunal reasoned that the applicant failed to provide any response or request an extension within the prescribed period. This failure, in accordance with section 363A of the Act, precluded the applicant from being offered a hearing and led the Tribunal to proceed to a decision without further action under subsection 359C(2). Given that the nomination had not been approved and there was no evidence of an approved nomination by a standard business sponsor, the Tribunal concluded that the applicant did not satisfy the primary criteria under clause 457.223(4)(a)(i). Consequently, the Tribunal also found that the applicant did not satisfy the secondary criteria under clause 457.321, as they were not a member of a family unit of a person holding a Subclass 457 visa. The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas.