Amandeep Singh (Migration)

This matter concerned an appeal by Amandeep Singh against a decision of the Administrative Appeals Tribunal (the Tribunal) affirming the refusal to grant him a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The primary issue before the Tribunal was whether Mr. Singh met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which mandates an approved nomination by a standard business sponsor that has not ceased.

The Tribunal was required to determine if Mr. Singh was the subject of an approved nomination by a standard business sponsor at the time of the decision. The Tribunal had previously affirmed a departmental decision not to approve a nomination made by Sapkota Brothers Pty Ltd in respect of Mr. Singh for the occupation of 'Cook'. Furthermore, departmental records indicated that Mr. Singh was not presently the subject of an approved nomination by a standard business sponsor.

In its reasoning, the Tribunal noted that Mr. Singh's representative had conceded that the current application for review was futile. The Tribunal had advised Mr. Singh of the information regarding the refused nomination and the lack of an approved nomination, inviting comments. The response received indicated that Sapkota Brothers Pty Ltd was undergoing judicial review concerning their nomination file. However, the Tribunal found that the previous decision to refuse the nomination had been affirmed, and there was no evidence of a current approved nomination. Consequently, the Tribunal concluded that the requirements of the standard business sponsorship stream had not been met.

The Tribunal affirmed the decision not to grant Mr. Singh the Temporary Business Entry (Class UC) visa.