Gur Grace Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Gur Grace Pty Ltd concerning the approval of a nomination for a business sponsor. The core dispute revolved around whether the applicant met the requirements for approval under the Direct Entry nomination stream as stipulated in regulation 5.19(4) of the Migration Regulations 1994. The delegate had previously refused to approve the sponsorship, finding that the applicant had not provided sufficient evidence to demonstrate compliance with regulation 5.19(3).

The Tribunal was required to determine if the applicant had satisfied all the mandatory requirements for the approval of the nomination. Specifically, the Tribunal had to assess whether the applicant had provided adequate and contemporary evidence to satisfy the criteria set out in regulation 5.19(3) and (4). This involved examining the information provided by the applicant in response to requests for current details and assessing whether this information enabled the Tribunal to be satisfied that the applicable criteria had been met.

The Tribunal's reasoning focused on the lack of contemporary evidence before it. Despite a request for updated information, the applicant had not responded. Consequently, the Tribunal was not satisfied that the applicant had demonstrated they met the requirements of regulation 5.19(3). Applying the principle that all requirements must be met for a nomination to be approved, and finding that the applicant had failed to provide the necessary evidence, the Tribunal concluded that it could not be satisfied that the applicant met the applicable criteria.

Accordingly, the Tribunal affirmed the delegate's decision not to approve the applicant as a standard business sponsor.