YEOMANS (Migration)

This matter concerned an application for review of a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), by the Administrative Appeals Tribunal. The applicant sought review of the Department of Home Affairs' decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 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 noted that the original nomination application had been refused by the Department of Home Affairs, and a subsequent review application by the sponsor had been withdrawn. This meant the original refusal stood. The Tribunal had invited the applicant to comment on this information, but no response was received within the prescribed period. While a late submission indicated a new sponsor was in progress for a different visa subclass, this did not address the requirements for the subclass 457 visa under review. The Tribunal concluded that the essential requirement of an approved nomination for the subclass 457 visa had not been met.

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