Wang (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), involving the applicant, Mr. Hongfei Wang, and his sponsor, T E Wang Pty Ltd. The primary dispute centred on whether the applicant met the requirements for a standard business sponsorship, specifically the need for an approved nomination for his occupation as a Contract or Program Administrator. The Minister's delegate had previously refused the sponsor's application, a decision the applicant sought to have reviewed by the Tribunal.

The Tribunal was required to determine if the primary visa applicant satisfied clause 457.223(4)(a)(i) of the Migration Regulations 1994, which mandates an approved nomination for the applicant's occupation. Additionally, the Tribunal considered the case of a secondary applicant, who applied for the visa as a member of the primary applicant's family unit. The Tribunal also had to decide whether to proceed with a decision without further comment from the applicants, following an invitation issued under section 359A of the Migration Act 1958.

The Tribunal's reasoning focused on the absence of an approved nomination, a prerequisite under clause 457.223(4)(a)(i). Despite the applicants being invited to provide further information or comment on the reasons for affirming the delegate's decision, and being granted an extension of time, no response was received by the specified deadline. Consequently, the Tribunal proceeded to make a decision based on the available information. As the primary applicant did not have an approved nomination, the Tribunal found that clause 457.223(4)(a) was not met. Furthermore, as the primary applicant failed to meet the visa criteria, the Tribunal found no information to suggest the secondary applicant met the primary criteria for the visa, thus affirming the delegate's decision in respect of both applicants.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.