Mothe Investments Pty Ltd (Migration)

This matter concerned an application by Mothe Investments Pty Ltd for approval of a nomination for a Subclass 457 visa. The delegate of the Minister refused to approve the nomination, a decision which was affirmed by the Administrative Appeals Tribunal. The Tribunal was required to determine whether the applicant met the criteria for the approval of the nomination under the Migration Regulations 1994.

The Tribunal considered whether Mothe Investments Pty Ltd satisfied the requirements of regulation 2.72 of the Migration Regulations 1994. Specifically, the Tribunal examined subregulation 2.72(4), which requires the nominator to be an approved standard business sponsor or a party to a work agreement. The delegate's decision was based on departmental records indicating that Mothe Investments Pty Ltd had ceased to be an approved standard business sponsor and was not a party to a work agreement. Furthermore, the Tribunal noted that regulation 2.72(5) requires the identification of the visa holder or applicant who will work in the nominated occupation, and that departmental and Tribunal records did not show an undetermined visa application for the nominated individual, Kamalpreet Kaur. The Tribunal also observed that the Subclass 457 visa program closed on 18 March 2018, meaning no new applications could be lodged.

The Tribunal found that Mothe Investments Pty Ltd did not satisfy the criteria for approval of the nomination. The applicant had ceased to be an approved standard business sponsor and was not a party to a work agreement, thus failing to meet the requirements of regulation 2.72(4). Additionally, the Tribunal was not satisfied that the nominated individual, Kamalpreet Kaur, had an associated visa application that could proceed, particularly given the closure of the Subclass 457 visa program. The Tribunal had invited the applicant to respond to these concerns, but no response was received. Consequently, the Tribunal affirmed the decision to refuse the nomination.