Millfair Pty Ltd (Migration)

The Administrative Appeals Tribunal (C. Packer) considered the appeal of Millfair Pty Ltd concerning the approval of a nomination for a visa. The core dispute revolved around whether Millfair Pty Ltd met the criteria for approving the nomination, specifically concerning its status as a standard business sponsor and the employment arrangements for the nominee.

The Tribunal was required to determine if the applicant, Millfair Pty Ltd, satisfied the requirements of regulation 2.72 of the Migration Regulations 1994. This included assessing whether Millfair Pty Ltd was a standard business sponsor at the time of the nomination and whether the nominee would be engaged as an employee under a written contract by Millfair Pty Ltd or an associated entity.

The Tribunal found that Millfair Pty Ltd's approval as a standard business sponsor had expired on 27 May 2022, meaning it was not a current approved sponsor as required by regulation 2.72(5). Furthermore, the evidence indicated that while the nominee was initially employed by Millfair Pty Ltd, subsequent PAYG payment summaries showed employment by different entities, Alsimas Pty Ltd ATF The Arthouse Hotel Unit Trust and Millfair Pty Ltd ATF Nelson Unit Trust. Consequently, the Tribunal was not satisfied that the nominee would be engaged by Millfair Pty Ltd or an associated entity under a written contract, failing to meet the requirements of regulation 2.72(11).

As the Tribunal was not satisfied that the applicant met these essential criteria for the nomination to be approved, the decision under review was affirmed.