Singh (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by Mr. Singh and his secondary applicant. The primary dispute revolved around whether the applicant met the requirements of clause 457.223(4) of the Migration Regulations, specifically concerning an approved nomination for the occupation of Supply and Distribution Manager. The Tribunal was required to determine if the applicant possessed the necessary skills, qualifications, and employment background for the nominated role, and crucially, whether there was a valid and un-ceased approved nomination in place at the relevant time.

The Tribunal's reasoning focused on the requirement for an approved nomination under clause 457.223(4)(a). It was established that the applicant's previously approved nomination had expired on 12 May 2017. The 457 visa program was repealed and replaced by the Temporary Skill Shortage (TSS) visa program on 18 March 2018, with new regulations coming into effect on the same day. A savings provision was introduced to protect nominations linked to 457 visa applications during AAT review, but this provision did not have retrospective effect and did not apply to nominations that had already ceased before 18 March 2018. The Tribunal found that as there was no approved nomination in favour of the applicant as at 18 March 2018, the nominator's rights having been extinguished, the applicant did not meet this essential criterion.

The Tribunal affirmed the decision not to grant the Temporary Business Entry (Class UC) visas to the applicants. It concluded that the requirements for the standard business sponsor stream had not been met due to the absence of a valid, un-ceased approved nomination at the time the new regulations came into force. The Tribunal found no discretion in relation to this requirement, which had expired prior to the amending provisions becoming effective.