Zhang (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), by an applicant, Zhang, who was nominated by Blue Corp Trading Pty Ltd. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for the visa, specifically under clause 457.223(4)(a) of the Migration Regulations 1994. The Tribunal affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 457.223(4)(a), which mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. The Tribunal also considered whether the applicant could satisfy any other streams within clause 457.223, given that no claims were made in respect of them and no evidence was presented to suggest the applicant could meet their specific criteria.

The Tribunal reasoned that the nomination of the applicant for the position of Property Manager by Blue Corp Trading Pty Ltd had not been approved. Consequently, the Tribunal found that the essential requirement of an approved nomination under clause 457.223(4)(a) was not met. As this was a fundamental prerequisite for the standard business sponsorship stream, and no alternative streams were pursued or evidenced, the Tribunal concluded that the applicant did not meet the criteria for the visa. The Tribunal affirmed the delegate's decision not to grant the visa.