Song (Migration)

The Administrative Appeals Tribunal considered a decision concerning an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), for the occupation of Wall and Floor Tiler. The applicant sought review of the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4) of the Migration Regulations 1994, specifically concerning the genuineness of the applicant's intention to perform the nominated occupation and the genuineness of the nominated position. The Tribunal also considered whether the applicant possessed the necessary skills, qualifications, and employment background for the nominated occupation.

The Tribunal affirmed the delegate's decision to refuse the visa. It found that the applicant had failed to provide sufficient current information regarding their skills, qualifications, and employment background, particularly concerning the period after June 2017. The Tribunal noted the absence of any documentation from the nominator or details about the nominated position. In light of this lack of current and relevant information, the Tribunal was not satisfied that the applicant's intention to perform the occupation was genuine, nor that the nominated position itself was genuine, as required by cl 457.223(4)(d). Consequently, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met.