Wang (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), brought before the Tribunal. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around the validity of a nomination made by Auservices Pty Ltd, which had subsequently been deregistered as a standard business sponsor.

The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, specifically whether there was a current, approved nomination by a standard business sponsor that had not ceased. The Tribunal also considered the impact of the repeal of the Subclass 457 visa program and its replacement by the Subclass 482 visa, and whether this transition affected the applicant's eligibility. The applicant's representative argued that the Tribunal lacked jurisdiction or, alternatively, that procedural fairness required allowing the lodgement of new applications under the Subclass 482 program.

The Tribunal reasoned that the applicant's nomination was never formally approved; rather, it was administratively finalised by the Department due to the refusal to approve Auservices Pty Ltd as a standard business sponsor. Furthermore, the deregistration of Auservices Pty Ltd meant it was no longer a standard business sponsor. The Tribunal noted that the Subclass 457 program had been repealed and that new nominations were for the Subclass 482 visa, which did not support outstanding Subclass 457 applications. Consequently, the Tribunal found that the requirements of clause 457.223(4)(a) were not met.

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