YONG FU ENTERPRISES PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Yong Fu Enterprises Pty Ltd concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary dispute revolved around whether the visa 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 related to the visa applicant by a standard business sponsor, and that this nomination must not have ceased.

The legal issue before the Tribunal was whether the visa applicant satisfied the requirements of clause 457.223(4)(a), specifically concerning the validity and status of the nomination. The applicant had applied for the visa based on a nomination by Yong Fu Enterprises Pty Ltd for the occupation of Corporate General Manager, which was approved on 1 September 2016. However, this nomination ceased on 1 September 2017, and subsequent legislative changes effective from 18 March 2018 meant that a new nomination capable of supporting the Subclass 457 visa application could no longer be lodged.

The Tribunal reasoned that the cessation of the nomination was a determinative issue. Despite being notified of this as a key issue, the applicant did not provide a response or any further information. As the nomination had ceased and there was no evidence of a current, valid nomination capable of supporting the application, the Tribunal concluded that the applicant did not meet the requirements of clause 457.223(4)(a). Consequently, the Tribunal affirmed the decision not to grant the visa to the primary applicant, and by extension, the secondary applicants who applied as family members.