SAKAMOTO (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) visa, under the standard business sponsor stream. The applicant, who was nominated by Daiwa Food Corporation (SYD) Pty Ltd, was refused the visa by the delegate because the Department had not approved Daiwa's nomination application. The Tribunal reviewed the decision not to approve the nomination, which was subsequently affirmed by the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994. This clause mandates that an applicant must be the subject of an approved nomination by a standard business sponsor, and that such approval must not have ceased. The Tribunal also considered whether the applicant could satisfy the criteria for other streams within clause 457.223, given the lack of an approved nomination.

The Tribunal reasoned that the applicant could not satisfy clause 457.223(4)(a) because the nomination application made by Daiwa Food Corporation (SYD) Pty Ltd in respect of the applicant had not been approved. The Tribunal had affirmed the decision not to approve the nomination, and subsequently informed the applicant of this and invited a response regarding the implications for their visa application. Despite being granted an extension to consider judicial review of the nomination refusal, the applicant provided no further evidence or information. Consequently, the Tribunal found that the essential requirement of an approved nomination was not met, and as no claims were made regarding other visa streams, the applicant had failed to satisfy the criteria for the standard business sponsor stream.

The Tribunal affirmed the decision not to grant the visa applicant a Temporary Business Entry (Class UC) visa.