Singh (Migration)

This matter concerned an application for review of a decision not to grant Mr Singh a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The review was heard by the Tribunal, with Member Katie Malyon presiding.

The primary legal issue before the Tribunal was whether Mr Singh met the requirements of cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994. This clause mandates that there must be an approved nomination of an occupation relating to the applicant by a standard business sponsor, and that this approval must not have ceased.

The Tribunal reasoned that Mr Singh had acknowledged the absence of an approved nomination in his favour. It noted that the nomination review application had been withdrawn, and that new applications for approval of a nomination for a Subclass 457 visa could no longer be made following the introduction of amending regulations. Consequently, the Tribunal found that Mr Singh had failed to satisfy the requirements of cl.457.223(4)(a) and that the standard business sponsor stream criteria were not met. The Tribunal also considered the possibility of referral to the Minister under s.351 of the Act but concluded that it lacked the necessary documentation to make an assessment and that any request for ministerial intervention should be made directly to the Minister.

The Tribunal affirmed the decision not to grant the visa.