Hunt Community Child Care Centre (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Hunt Community Child Care Centre for approval of a nomination for a skilled migration position. The dispute arose from the delegate's decision to refuse the nomination, which the applicant sought to have reviewed by the Tribunal. The core of the matter concerned whether the applicant met the prescribed criteria for approving such a nomination under the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant satisfied the requirements of Regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal had to assess if the applicant was an approved standard business sponsor, if the nominated position was genuine and full-time, and if the applicant had met any other relevant criteria for nomination approval. The Tribunal also considered the applicant's response, or lack thereof, to requests for updated information.

The Tribunal affirmed the delegate's decision to refuse the nomination. It found that the applicant was not an approved standard business sponsor at the time of the delegate's decision, nor had it provided evidence of subsequent approval. Furthermore, while initial evidence suggested the nominated position was genuine and full-time, the Tribunal was not satisfied of this in the absence of current information, despite being invited to provide it. The Tribunal noted that the provided information was nearly four years old and that it was not reasonable to disregard the full-time requirement for the position. Consequently, the Tribunal concluded that the applicant had not met the necessary criteria for the nomination to be approved.