SANNITA PTY LTD (Migration)

This matter concerned an application by Sannita Pty Ltd for approval of a nomination for a Subclass 457 visa. The applicant sought to nominate a Café Manager position. The decision under review was the refusal to approve this nomination. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under section 140GB(2) and section 140GBA of the Act, specifically in relation to the identification of the nominee and the genuineness of the position.

The Tribunal considered the evidence presented, including the circumstances surrounding the nominee's previous visa cancellation while overseas. It was noted that the nominee had ceased working for approximately eight months before travelling overseas and had not received a notice of intention to cancel her visa due to an outdated email address. The Tribunal also considered the applicant's stated intention to lodge a new sponsorship and visa application for a 482 visa, acknowledging the difficulties faced by the business due to processing delays and the nominee's inability to return to Australia.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had not satisfied the applicable criteria for the nomination to be approved. The reasons for this decision, detailed in paragraphs 20-28 of the full decision, led the Tribunal to conclude that the nomination could not be approved.