Xie (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the applicant met the essential criteria for the visa, specifically concerning an approved nomination by a standard business sponsor.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination by a standard business sponsor that has not ceased. The Tribunal noted that the decision not to approve the proposed sponsor, The Trustee for 323-331 La Trobe Street, as a standard business sponsor had been affirmed on 15 March 2019. Furthermore, the Tribunal observed that the Migration Amendment (Temporary Skill Shortage visa and Complementary Reforms) Regulations 2018 had repealed and replaced the relevant regulations concerning nominations for Subclass 457 visas, and had also repealed the Subclass 457 visa itself.

The Tribunal reasoned that without an approved business sponsor, the applicant could not meet a fundamental requirement for the visa grant. As a new application for nomination approval could no longer be made due to the regulatory changes, the applicant was unable to satisfy clause 457.223(4)(a). The Tribunal found that the requirements for the standard business sponsor stream were not met, and no claims or evidence were presented regarding other streams within clause 457.223. Consequently, the Tribunal affirmed the decision not to grant the visa.