Tyshchenko (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), made by Mr Tyshchenko and a secondary applicant. The primary dispute arose because the nomination application in relation to Mr Tyshchenko was refused. The Administrative Appeals Tribunal (the Tribunal) was required to review the decision not to grant the visas.

The legal issues before the Tribunal were whether the applicants met the requirements for the standard business sponsor stream under clause 457.223 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if a nomination had been approved, if the nominator was a standard business sponsor at the time of approval, and if the approval had ceased. Further, the Tribunal considered whether the nominated occupation was specified in a relevant instrument, and whether the applicant met the criteria relating to employment in the nominated occupation, the genuineness of their intention and the position, and their skills and qualifications. The Tribunal also considered the requirements for English language proficiency and the absence of adverse information concerning the nominator.

The Tribunal found that the requirements for the standard business sponsor stream had not been met. No claims were made in respect of other streams within clause 457.223, and there was no evidence that either the primary or secondary applicant could satisfy the criteria for those streams. The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas.