Shin (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457. The applicant's case was based on a nomination by Auservices Pty Ltd. The core dispute revolved around whether the applicant met the requirements for an approved nomination by a standard business sponsor, particularly in light of the closure of the Subclass 457 program and the deregistration of the sponsoring company.

The Tribunal was required to determine if the applicant satisfied clause 457.223(4)(a) of the Migration Regulations, which mandates an approved and un-ceased nomination by a standard business sponsor. This involved assessing whether the nomination made by Auservices Pty Ltd was validly approved and remained in effect, considering that the Subclass 457 visa program was repealed and replaced by the Subclass 482 visa in March 2018, and that Auservices Pty Ltd was deregistered in July 2018. The applicant also raised arguments concerning jurisdiction and the possibility of remittal for new applications under the Subclass 482 program.

The Tribunal reasoned that the applicant's nomination was not approved, as Departmental records indicated it was administratively finalised due to the refusal to approve Auservices Pty Ltd as a standard business sponsor. Furthermore, the Tribunal noted that even if the nomination had been approved, the subsequent repeal of the Subclass 457 visa program and the deregistration of the sponsor meant that the nomination could not support an outstanding application for that visa subclass. The Tribunal found that the requirements for the standard business sponsor stream had not been met, and no claims were made or evidence provided to satisfy other potential streams under clause 457.223.

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