LAF COLLEGE OF VOCATIONAL EDUCATION PTY LTD (Migration)

This matter concerned an application by LAF College of Vocational Education Pty Ltd for approval of a nominated position under the subclass 457 (Temporary Work (Skilled)) visa program. The dispute arose because the applicant's approval as a standard business sponsor had ceased. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination, specifically whether they were a standard business sponsor or a party to a work agreement as required by subregulation 2.72(4) of the Migration Regulations 1994.

The Tribunal considered the three stages of the subclass 457 visa program: sponsorship, nomination, and visa application. The central issue was the applicant's status as a standard business sponsor at the time of the decision. Departmental records indicated that the applicant's approval as a standard business sponsor had expired on 16 July 2017. The Tribunal had invited the applicant to comment on this fact, but no response was received.

Applying the relevant regulations, the Tribunal found that the applicant was not a standard business sponsor at the time of the decision, as their sponsorship approval had ceased. There was also insufficient evidence to suggest the applicant was a party to a work agreement. Consequently, the Tribunal was not satisfied that the applicant met the criteria prescribed in the Regulations for the nomination to be approved. The Tribunal affirmed the decision not to approve the nomination.