Harwinder Singh (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa (Subclass 457) by Harwinder Singh, a citizen of India. The applicant sought to work as a cook for Sheetal Restaurant Pty Ltd. The primary issue before the Tribunal was whether the applicant met the requirements of cl.457.223(4)(a)(i) of the Migration Regulations 1994, which mandates an approved nomination of the occupation by a standard business sponsor.

The Tribunal was required to determine if the applicant satisfied the criteria for the Subclass 457 visa, specifically concerning the approved nomination. This involved assessing whether Sheetal Restaurant Pty Ltd had complied with labour market testing requirements and whether any exemptions applied. The Tribunal also considered the applicant's submission requesting a referral to the Minister under s.351 of the Migration Act 1958, based on various compassionate grounds, including the applicant's age, ties to Australia, financial support for his family, and the potential for significant harm if compelled to return to India.

The Tribunal found that the nomination application by Sheetal Restaurant Pty Ltd had been refused, and this decision was affirmed on review. Consequently, the requirement for an approved nomination under cl.457.223(4)(a)(i) was not met. While acknowledging the applicant's submissions regarding compassionate grounds and the request for a referral to the Minister, the Tribunal concluded that the circumstances presented were not sufficiently compelling or unique to warrant such a referral. The Tribunal noted that no claims had been made in respect of other streams within cl.457.223, and there was no evidence that the applicant could satisfy the specific criteria for those streams.

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