Shah (Migration)

This matter concerned an application for review of a delegate's decision to refuse a nomination for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant, Mr. Shah, was nominated by A1 Jetport Parking for the occupation of customer service manager. The delegate refused the nomination because the applicant did not satisfy regulation 2.72(10)(f) of the Migration Regulations 1994. A1 Jetport Parking sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether to affirm the delegate's decision to refuse the nomination, particularly in light of the applicant's request to postpone the decision pending a new nomination application. The Tribunal also considered whether it was required to grant an extension of time for the applicant to lodge a new nomination and whether it should withhold its decision until the outcome of any proposed new nomination was known.

The Tribunal reasoned that it had provided the applicant with an opportunity to comment on its intention to affirm the delegate's decision, but the applicant's response was out of time and did not address the substance of the delegate's concerns. Instead, the applicant requested an extension of time to lodge a new nomination and asked the Tribunal to delay its decision. The Tribunal noted that it was not required, and in this instance not prepared, to withhold its decision pending the lodging and determination of a new nomination application. The Tribunal concluded that the requirements for the standard business sponsor stream had not been met.

Consequently, the Tribunal affirmed the delegate's decision not to approve the nomination, and therefore affirmed the decision not to grant Mr. Shah a Temporary Business Entry (Class UC) visa.