MEXICO FOODS PTY LTD ATF MEXICO FOODS UNIT TRUST (Migration)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse the applicant's, Mexico Foods Pty Ltd ATF Mexico Foods Unit Trust, application for approval of a nominated position in Australia. The applicant had initially applied for approval on 12 January 2016. Subsequently, Mexico Foods sold its business to AB Mex Pty Ltd, the new applicant, which sought to continue the review application as the nominator.

The primary legal issue before the Tribunal was whether the purchaser of the business, AB Mex Pty Ltd, could substitute itself for the original nominator, Mexico Foods, in the nomination application process and its subsequent review. This required the Tribunal to consider the definition of "nominator" under the Migration Regulations 1994 and the implications of a business sale on the rights and obligations associated with a nomination application.

The Tribunal reasoned that the definition of a nominator under Regulation 1.13(1) refers to the specific person or entity that completes the nomination form. The Migration Act 1958 and the Regulations do not contain provisions allowing for a substitute nominator to take over an existing nomination application, particularly concerning the required certifications. The Tribunal found that once a nomination application is made, only the original nominator can proceed with it, including any review proceedings. Therefore, AB Mex Pty Ltd, as a non-party to the original nomination, lacked the standing to continue the review.

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.