Sajid (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), standard business sponsor stream, for the occupation of Customer Service Manager. The applicant sought review of a decision not to grant the visa. The prospective employer, WELLNSPRING GROUP PTY LTD (7 Eleven), had not obtained an approved nomination for the applicant in the specified role.

The Tribunal was required to determine whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates, among other things, that there must be an approved nomination for the occupation, made by a standard business sponsor at the time of approval, and that this approval must not have ceased. The Tribunal also needed to consider the implications for the secondary applicant, a member of the primary applicant's family unit.

The Tribunal reasoned that clause 457.223(4)(a)(i) was not satisfied because no approved nomination was in place for the applicant at the time of the decision. As this was a mandatory criterion for the grant of the visa, the failure to meet it was fatal to the application. Consequently, the primary applicant did not satisfy the primary criteria for the visa. The Tribunal further found that because the primary applicant's application failed, the secondary applicant, as a member of the family unit, also failed to meet the requirements of clause 457.321.

Accordingly, the Tribunal affirmed the Department's decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.