Song (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant was nominated by Guihao Investment Pty Ltd for the position of Building Associate. The core of the dispute revolved around whether the applicant met the requirements for an approved nomination by a standard business sponsor that had not ceased.

The Tribunal was required to determine if the applicant had satisfied the criteria under clause 457.223(4)(a) of the Migration Regulations. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased. The Tribunal had previously affirmed a decision not to approve the nomination made by Guihao Investment Pty Ltd on 15 November 2018, following a Departmental refusal on 28 March 2017.

In its reasoning, the Tribunal noted that the applicant had been invited to comment on the fact that the nomination had been refused and that this refusal had been affirmed on review. The applicant did not provide any response to this information. The Tribunal considered its obligation to adjourn the review to allow for further comments, referencing case law such as *Huo v Minister for Immigration and Multicultural Affairs* and *Manna v Minister for Immigration and Citizenship*, which indicate that the Tribunal is not required to indefinitely defer its decision-making. Given the lack of response from the applicant and the prior affirmation of the nomination refusal, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa, finding that the applicant did not meet the criteria under clause 457.223(4)(a) due to the non-approval of the nomination.