WORANUNTHAKUL (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms. Woranunthakul concerning a decision not to grant her a Temporary Business Entry (Class UC) visa, subclass 457. The dispute centred on whether the applicant met the requirements for the visa, specifically concerning an approved nomination by a standard business sponsor for the occupation of Customer Service Manager. The nominator, Lifetime International.Com Pty Ltd, had its application for approval of the nominated position refused, a decision that was subsequently affirmed by the AAT.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 457.223(4)(a) of the Migration Regulations 1994. 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 also considered the applicant's submissions regarding her employment, aspirations, and attempts to secure visa sponsorship.

The Tribunal's reasoning focused on the undisputed fact that the nomination for the applicant's position as a Customer Service Manager had not been approved. It noted that the nominator's application for approval of the nominated position had been refused and that this refusal had been affirmed on review. Consequently, the Tribunal concluded that the essential requirement of an approved nomination, as stipulated in clause 457.223(4)(a), was not met. As no claims were made regarding other visa streams, and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal found that the requirements for the standard business sponsor stream had not been satisfied.

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