WEI (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased.

The Tribunal was required to determine if the applicant satisfied the criteria for the visa, specifically focusing on the requirement for an approved nomination. The Tribunal had previously notified the applicant under section 359A of the Migration Act regarding information that would likely lead to the affirmation of the decision under review, namely the absence of an approved nomination. Despite being given an opportunity to respond, no comment was provided by the applicant. The Tribunal noted that the nomination application made by the prospective employer had been refused by the Department on 5 December 2016, and this refusal was affirmed by the Tribunal on 5 January 2018.

The Tribunal reasoned that because the nomination application had been refused and that refusal affirmed, the fundamental requirement of an approved nomination under clause 457.223(4)(a) was not met. As no claims were made regarding other visa streams under clause 457.223, and no evidence was presented to suggest the applicant could satisfy the criteria for those streams, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met. Consequently, the Tribunal affirmed the decision not to grant the visa.