Shubhadip Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a review application by Shubhadip Pty Ltd concerning the refusal of Temporary Business Entry (Class UC) visas, subclass 457, for a Nepalese citizen and his spouse. The primary applicant was nominated for the occupation of cook.

The central legal issue before the Tribunal was whether the primary visa applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations, specifically the necessity of an approved nomination by a standard business sponsor that had not ceased. The Tribunal also considered whether the applicants had responded to communications from the Department regarding the lack of an approved nomination.

The Tribunal found that the Department had sent multiple letters to the visa applicants requesting further information and inviting comment on the adverse information that no approved nomination was in place. The applicants did not respond to these communications. The Tribunal noted that clause 457.223(4)(a) requires an approved nomination, and as this had not been obtained, the requirements for the standard business sponsorship stream were not met. No claims were made regarding other visa streams.

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