TOO EASY TRAVEL PTY LTD (Migration)

[2018] AATA 319

TOO EASY TRAVEL PTY LTD (Migration) [2018] AATA 319 (22 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  TOO EASY TRAVEL PTY LTD

CASE NUMBER:  1601752

DIBP REFERENCE(S):  BCC2015/2948967

MEMBER:Kate Timbs

DATE:22 February 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to approve the nomination.

Statement made on 22 February 2018 at 11:20am

CATCHWORDS

Migration – Temporary Work (Skilled) visa – Subclass 457 visa – Review applicant – Not a standard business sponsor – No evidence of a work agreement

LEGISLATION
Migration Act 1958, ss 140GB, 359A, 359C

Migration Regulations 1994, rr 2.72, 2.73

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 25 January 2016 to refuse to approve the applicant’s nomination under section 140GB of the Migration Act 1958 (the Act) and regulation 2.72 of the Migration Regulations 1994 (the Regulations).

2. The applicant applied for approval on 9 October 2015.

   CONSIDERATION OF CLAIMS AND EVIDENCE

   Nominator is a standard business sponsor or party to a work agreement

3. A nomination of an occupation for a Subclass 457 visa is made under section 140GB of the Act and regulation 2.73 of the Regulations. Regulations 2.72(3) to (12) prescribe the criteria that must be satisfied for the Minister to approve a nomination by a person.

4. Regulation 2.72(4) requires that the person making a nomination is either a standard business sponsor or a party to a work agreement other than a Minister. The review applicant applied for approval of the nomination as a standard business sponsor and there is no evidence of a work agreement.

5. The Tribunal wrote to the review applicant on 17 November 2017 (in accordance with section 359A of the Act) and invited comments on information in the records of the Department of Immigration that its standard business sponsorship expired in April 2017. The applicant did not respond to that invitation and the Tribunal considered the application for review without inviting the applicant to a hearing (section 359C(2)).

6. The Tribunal accepts the information is correct and finds the review applicant is not a standard business sponsor at the date of this decision. It does not satisfy regulation 2.72(4) and the Tribunal will affirm the decision under review for that reason.

   DECISION

7. The Tribunal affirms the decision not to approve the nomination.

   Kate Timbs
   Member

   
   

   ATTACHMENT - EXTRACTS FROM THE MIGRATION REGULATIONS 1994

   2.72 Criteria for approval of nomination — Subclass 457…

   (1)This regulation applies to a person who is:

   (a)a standard business sponsor; or

   (b)a party to a work agreement (other than a Minister);

   who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation in relation to a holder of, or an applicant or a proposed applicant for, a [Subclass 457 visa].

   …

   (4)The Minister is satisfied that the person is:

   (a)a standard business sponsor; or

   (b)a party to a work agreement (other than a Minister).

   …