Harmanjeet Singh (Migration)

The Administrative Appeals Tribunal considered the case of Harmanjeet Singh concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision to refuse his visa application, which was based on the employer's nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must be the subject of an approved nomination by a standard business sponsor that has not ceased. The Tribunal had to determine if the applicant's proposed employers, Laxmii Narayan Pty Ltd and subsequently JA Auto Care Pty Ltd, had lodged successful nomination applications that were approved.

The Tribunal's reasoning focused on the fact that the initial nomination by Laxmii Narayan Pty Ltd was refused on 5 September 2017. A subsequent nomination by JA Auto Care Pty Ltd was also refused on 21 May 2018. The Tribunal itself affirmed the refusal of JA Auto Care Pty Ltd's nomination application on 31 March 2021. The Tribunal noted that the relevant regulations for nominations were repealed and replaced from 18 March 2018, meaning new applications could not be made. Given that there was no approved nomination at any relevant time, the Tribunal concluded that the applicant could not satisfy the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision under review to refuse to grant the applicant the Temporary Business Entry (Class UC) visa.