Sunnary Heng (Migration)

The Administrative Appeals Tribunal (AAT) considered a review of a decision to refuse a nomination for a Subclass 457 visa. The applicant, Sunnary Heng, sought to have the refusal decision set aside. The dispute centred on whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant was an approved sponsor and met the requirements of regulation 2.72, including whether the business was financially viable, the nominated position was genuine, and the business was a standard business sponsor. The applicant informed the Tribunal that she had transitioned from a sole trader to a company structure in 2018 and was in the process of selling her business. She unequivocally stated she no longer wished to contest the nomination refusal.

The Tribunal noted that the applicant's business had incurred a significant loss in the 2019/20 financial year, as evidenced by an unsigned tax return, and that Business Activity Statements showed modest financial activity. This information, combined with the impending sale and closure of the business, led the Tribunal to question the financial viability and genuineness of the nominated position. Furthermore, there was no evidence that the business was currently approved as a standard business sponsor. The applicant agreed with the Tribunal's assessment of these matters and confirmed her intention not to proceed with the nomination.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal was not satisfied that the applicant met the applicable criteria for the nomination to be approved.