Singh (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by Mr. Singh and his family. The primary dispute before the Tribunal was whether the applicants met the requirements of clause 457.223(4)(a) of the Migration Regulations 1994, which pertains to having an approved nomination by a standard business sponsor that has not ceased. The prospective employer, Batth & Co Pty Ltd, had lodged a nomination application which was subsequently affirmed by the Tribunal as not approved.

The legal issue before the Tribunal was to determine if the primary visa applicant satisfied the criteria under clause 457.223(4)(a), specifically the requirement for an approved nomination by a standard business sponsor that has not ceased. The Tribunal also considered the implications for the secondary applicants, who were family members of the primary applicant.

The Tribunal reasoned that the nomination application by Batth & Co Pty Ltd had not been approved, and indeed, the Tribunal had previously affirmed the decision not to approve it. The primary applicant acknowledged this but explained that the nominator's business had ceased trading, leading to his own employment ending. He requested an adjournment to find a new sponsor. However, the Tribunal noted that the Subclass 457 visa category had been closed to new applications in March 2018, rendering the possibility of obtaining a new sponsor for this specific visa application impossible. Consequently, the Tribunal was not satisfied that the requirement for an approved nomination by a standard business sponsor that has not ceased was met. As the primary applicant did not meet the criteria, the secondary applicants also failed to meet the requirements as family members.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants.