Saleem (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision not to grant the visa. The Tribunal, constituted by Member Karen Synon, was required to determine whether the applicant met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had an approved nomination by a standard business sponsor that had not ceased, as required by subclause 457.223(4)(a). The Tribunal noted that the review of the department's decision not to approve a nomination made by Excellent Security Provider Pty Ltd, the proposed nominator, had been withdrawn. Furthermore, there was no information on the Department's files indicating that the applicant was the subject of an approved nomination by a standard business sponsor.

The Tribunal reasoned that because there was no relevant approved nomination, the applicant could not satisfy the requirements of subclause 457.223(4)(a). The Tribunal found that the requirements for the standard business sponsor stream had not been met. As no claims were made in respect of other streams under clause 457.223, and there was no evidence that the applicant could satisfy the criteria for those streams, the Tribunal affirmed the decision not to grant the visa.