FI INVESTMENTS AUSTRALIA PTY LTD (Migration)

This matter concerned an application by FI Investments Australia Pty Ltd for approval of its nomination of a position for Mrs Sandeep Kaur as a Cook. The Administrative Appeals Tribunal was required to determine whether the Company met the relevant criteria for approval of its nomination, specifically considering whether the Company was an approved work sponsor and met the requirements of regulation 2.72 of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the Company had provided sufficient information to satisfy regulation 2.72(4) regarding adverse information, and whether the nominated position was genuine and full-time as required by regulation 2.72(10). The Tribunal also considered whether the Company had provided current and updated evidence that it was actively operating a business requiring the nominee's services.

The Tribunal affirmed the delegate's decision to refuse the nomination. It found that there was adverse information concerning the Company and its Director, Anthony Riggio, including the closure of its restaurant, the cancellation of its ABN, and the cancellation of a related entity's ABN. The Tribunal noted that Mr Riggio had a positive obligation to address why this adverse information should be disregarded, but no such information was provided. Furthermore, despite a request for current evidence of the Company's active operation, no such evidence was supplied, including financial reports, tax returns, or business activity statements. The Tribunal concluded that the Company had not demonstrated that the nominated position was genuine and full-time, nor had it provided sufficient information to address the adverse findings.

Consequently, the Tribunal was not satisfied that the Company met the applicable criteria for approval of its nomination and therefore affirmed the decision under review to refuse the nomination.