XUE (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by the applicant, XUE. The decision under review was the Department's refusal to grant the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had an approved nomination for the occupation of Retail Buyer, made by a standard business sponsor, which had not ceased. The Tribunal noted that on 28 August 2018, it had affirmed the Department's decision not to approve the nomination made by Aofeng International Pty Ltd. Subsequently, the Tribunal issued a letter to the applicant on 30 August 2018, advising that this meant the applicant could not meet the requirements of clause 457.223(4)(a).

The Tribunal reasoned that as the nomination had not been approved, the applicant could not satisfy the requirements of clause 457.223(4)(a), which mandates an approved nomination by a standard business sponsor. The applicant did not respond to the Tribunal's letter seeking comments, and no further information was provided. Consequently, the Tribunal found no evidence that the applicant was the subject of an approved nomination. As no claims were made regarding other visa streams and no evidence was presented to suggest the applicant could satisfy those criteria, the Tribunal concluded that the requirements for the standard business sponsor stream were not met.

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