Ram & Rai Pty Ltd (Migration)

This matter concerned an application for the approval of a nomination of a position, brought by Ram & Rai Pty Ltd (the applicant) and reviewed by the Administrative Appeals Tribunal. The applicant sought to nominate an individual for a position, but the nominator, Mr. Singh, had sold his business in 2018 and no longer held a current standard business sponsorship approval. The nominee had returned to their home country.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the approval of the nomination, specifically as stipulated by section 140GB(2) of the Act and regulation 2.72 of the Migration Regulations 1994. Regulation 2.72(4) requires that the person making a nomination must be either a standard business sponsor or a party to a work agreement. The Tribunal was required to determine if the applicant satisfied this requirement based on the evidence presented.

The Tribunal found that the applicant did not meet the criteria for approval. Mr. Singh conceded that the business had been sold and there was no current standard business sponsorship. He indicated plans to purchase a new business, but these were on hold due to the pandemic, and he requested a delay in the decision. The Tribunal explained that it could not delay the decision as the matter was one of fact, and the fact was that no current standard business sponsorship was in place. Consequently, the requirements of regulation 2.72(4) were not met.

The Tribunal affirmed the decision under review to refuse the nomination.