RESHAMVALA (Migration)

The Administrative Appeals Tribunal considered the case of a visa applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457, under the standard business sponsor stream. The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased.

The Tribunal was required to determine if the applicant had an approved nomination for the occupation in relation to them by a standard business sponsor, and if this approval was still in effect. The Tribunal also needed to consider the impact of the Migration Amendment (Temporary Skill Shortage visa and Complementary Reforms) Regulations 2018, which repealed and replaced regulations concerning nominations for Subclass 457 visas and the visa subclass itself.

The Tribunal reasoned that a fundamental requirement for the grant of the visa was an approved business nomination. It noted that the Tribunal had previously affirmed a decision not to approve the business nomination of Think Solar Pty Ltd. Without an approved nomination, the applicant could not satisfy this essential criterion. Furthermore, the Tribunal observed that following regulatory changes, a new application for approval of a nomination in support of a Subclass 457 visa could no longer be made. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 457.223(4)(a).

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa, finding that the requirements for the standard business sponsor stream had not been met. No claims were made or evidence presented regarding other streams within clause 457.223.