Zhou (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457. The applicant sought to rely on a nomination by Auservices Pty Ltd. The Tribunal was also informed that the subclass 457 visa was repealed and replaced by the subclass 482 visa on 18 March 2018.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination of an occupation by a standard business sponsor that has not ceased. The Tribunal also had to consider submissions regarding its jurisdiction, particularly in light of a previous decision concerning Auservices Pty Ltd's deregistration and the applicant's argument that the application should be remitted for a subclass 482 visa application.

The Tribunal reasoned that the nomination by Auservices Pty Ltd was not approved and was administratively finalised in 2017, prior to the repeal of the subclass 457 visa. Furthermore, departmental records indicated that Auservices Pty Ltd's approval as a standard business sponsor had ceased. The Tribunal noted that new nominations lodged after 18 March 2018 were for subclass 482 visas and could not support an outstanding subclass 457 visa application. Despite submissions concerning jurisdiction and procedural fairness, the Tribunal concluded that the requirements of clause 457.223(4)(a) were not met, and no claims were made in respect of other streams of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa, subclass 457.