Trinh (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary work (Skilled)), standard business sponsor stream, by Mr Trinh. The Administrative Appeals Tribunal (AAT), with Member Katie Malyon presiding, was required to determine whether Mr Trinh met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994.

The central legal issue before the Tribunal was whether Mr Trinh had an approved nomination for the occupation of Accountant (General) by a standard business sponsor that had not ceased. The Tribunal noted that it had previously affirmed a delegate's decision to refuse the nomination of the Company on 17 May 2021. Furthermore, the Tribunal observed that following the introduction of amending regulations, a new application for approval of a nomination in support of a Subclass 457 visa could no longer be made, and there was no evidence before the Tribunal of any approved or pending nomination relating to Mr Trinh.

The Tribunal reasoned that clause 457.223(4)(a) of Schedule 2 to the Regulations mandates an approved nomination for the applicant by a standard business sponsor. As Mr Trinh did not respond to the Tribunal's notice of adverse information, nor request an extension of time, the Tribunal found that the requirements of this clause were not met. Consequently, the Tribunal determined that the requirements for the standard business sponsor stream had not been satisfied. Given that Mr Trinh had made no claims regarding the labour agreement stream and presented no evidence of satisfying its criteria, the Tribunal affirmed the decision to refuse his visa application. The Tribunal therefore affirmed the decision not to grant Mr Trinh a Temporary Business Entry (Class UC) visa.