Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)) visa, standard business sponsor stream. The applicant sought review of a decision by the Department of Home Affairs to refuse to grant the visa. The nominated occupation was Primary Products Inspector nec (ANZSCO: 311399), with GJ Australian Bananas Pty Ltd as the nominator.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination for the applicant by a standard business sponsor that has not ceased. The Tribunal was also required to determine if the applicant met the overall criteria for the grant of the visa, given the absence of an approved nomination.

The Tribunal's reasoning focused on the crucial requirement for an approved nomination. It noted that the nomination lodged by GJ Australian Bananas Pty Ltd had been refused by a Department delegate. The Tribunal itself had subsequently affirmed this refusal in a separate decision, advising the applicant that this information was relevant to their visa application. As the applicant was not the subject of an approved nomination, the Tribunal concluded that clause 457.223(4)(a) and clause 457.223(4) were not satisfied. Consequently, the Tribunal found that the requirements for the standard business sponsor stream had not been met.

For the reasons outlined, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa.