Singh (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision affirming the refusal of their visa application. The primary issue revolved around the requirement for an approved nomination by a standard business sponsor, as stipulated by clause 457.223(4)(a) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant could still satisfy the criteria for a subclass 457 visa, particularly in light of legislative changes and the cessation of operations by the original sponsoring employer. Specifically, the Tribunal had to consider whether a new nomination by a different employer, even if approved, could meet the requirements of clause 457.223(4)(a) given the repeal of the subclass 457 visa program and its replacement by the subclass 482 visa.

The Tribunal reasoned that the original nomination by RA Star Enterprises Pty Ltd had been refused, and this refusal was affirmed by the Tribunal. While the applicant had sought a new sponsor, the Tribunal found no evidence that this had occurred. More significantly, the Tribunal noted that legislative amendments effective from 18 March 2018 repealed the subclass 457 visa and introduced new criteria for the subclass 482 visa. Consequently, any new nomination lodged after this date could only support an application for a subclass 482 visa or for existing subclass 482 or 457 visa holders, neither of which applied to the applicant. The Tribunal considered it futile to further delay its decision, referencing case law that supports the Tribunal's ability to make decisions without indefinite deferral.

The Tribunal concluded that the requirements for the standard business sponsorship stream of the subclass 457 visa had not been met. As no claims were made in respect of other streams and there was no evidence the applicant could satisfy those criteria, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa.