On 30Th April 2015, the Migration Review Tribunal (MRT) in case number 1409001 handed down an affirmation on the decision to not grant the applicants Temporary Business Entry (a 457 visa). The application for the review was for the decision of a refusal with regards that the delegate was not satisfied that the applicant has the skills, qualification and employment background necessary to perform the tasks of the nominated occupation on the basis of clause 457.223(4)(da) of Schedule 2 to the Migration Regulation 1995.

The Clause 457.223(4)(a) requires that there is an approved nomination of an occupation relating to the applicant by a standard business sponsor that has not ceased. The issue before the Tribunal was whether the applicant had met the requirements of the clause. On 29 January 2015, the Tribunal wrote to the applicant asking to provide evidence that was required to prove that the nomination has not ceased. When brought up at the hearing, the applicant’s representative stated that they have lodged a new application. The applicant also said that after the application was lodged, the Department advised that the company would need to obtain approval as a standard business sponsor because its previous sponsorship had expired. However the owner, after discussion, told him that he was not in a position to continue the business and would not want to apply for approval as a standard business sponsor.

This indicated that the applicant would not be able to satisfy the essential criteria for the visa in clause 457.223(4)(a). Thus the applicant had no further matter with the Tribunal.

In conclusion, business owners have to make sure that the business sponsorship and nomination is valid for the period of time that the visa is being processed. Business owners should seek advice from their migration agent or lawyer on the validity of the sponsorship, nomination and employee’s visa.

No Borders Migration Advocates will be conducting monthly seminars with regards to a 457 work visa. The seminars are a fantastic opportunity to gain understanding for any migration challenges that you may face.
It is also an opportunity for migrants, families with relatives overseas and business owners who would like to sponsor skilled workers. If you would like to attend this seminar, please confirm your intention by email to customercare3@nobordersgroup.com.au

One of our consultants will be in touch with you shortly for any assistance or if you would like further information please do not hesitate to contact our office at 07 3876 4000 .