Singh (Migration)

This matter concerned an appeal by the applicant, Mr. Singh, against the Tribunal's decision to affirm the refusal of his Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The core of the dispute revolved around whether the nominated occupation for Mr. Singh as a Cook was supported by an approved nomination, as required by clause 457.223(4)(a) of the Migration Regulations.

The Tribunal was required to determine if the applicant met the requirements of clause 457.223(4)(a), specifically concerning the necessity of an approved nomination for the occupation by a standard business sponsor that had not ceased. The Tribunal had previously notified the applicant that the nomination application made by A Bhardwaj & R Rai had been refused, and this refusal had been affirmed on review. The Tribunal indicated that if it relied on this information, it would likely find that the nominated position was not the subject of an approved nomination, thus meaning the applicant did not satisfy a visa grant requirement.

The Tribunal reasoned that the applicant's submissions regarding his qualifications, employment history, and personal circumstances, including financial and emotional distress due to the visa refusal and concerns about COVID-19 in India, did not overcome the fundamental requirement of an approved nomination. The Tribunal noted that the nominator's application for approval of the nominated position had been refused and that this refusal was affirmed. Consequently, the Tribunal concluded that the requirements for the standard business sponsor stream had not been met.

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