TOROPO (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), Standard Business Sponsor stream. The applicants sought review of a decision not to grant these visas. The primary applicant was seeking a position as an Automotive Electrician.

The central legal issue before the Tribunal was whether the applicants met the requirements of subclause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation in relation to the applicant by a standard business sponsor. The Tribunal was required to determine if the absence of an approved nomination meant the applicants could not satisfy this essential criterion for visa grant.

The Tribunal reasoned that a prerequisite for the grant of a Subclass 457 visa under the Standard Business Sponsor stream is an approved nomination, as stipulated by cl.457.223(4)(a)(i). The Tribunal noted that a previous decision in a related AAT casefile had affirmed the refusal to approve the nomination for the applicant. Consequently, the Tribunal informed the applicants that without an approved nomination, they would fail to meet a crucial visa requirement. The applicants acknowledged this and accepted that the visa applications would not be successful. Citing the authority of *VARSI v MINISTER FOR IMMIGRATION & ANOR* [2018] FCCA 1280, the Tribunal concluded that returning the matter for further submissions would be futile, as the visas could not be granted in the absence of an approved nomination.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants, finding that the requirements of the standard business sponsor stream had not been met due to the lack of an approved nomination. The refusal applied to all applicants, including the claimed family members.