TOO EASY TRAVEL PTY LTD (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to approve a nomination for a Temporary Work (Skilled) visa (Subclass 457). The review applicant sought approval of a nomination under section 140GB of the Migration Act 1958 (Cth) and regulation 2.73 of the Migration Regulations 1994 (Cth). The core of the dispute was whether the review applicant met the criteria for approving such a nomination.

The primary legal issue before the Tribunal was whether the review applicant satisfied regulation 2.72(4) of the Migration Regulations 1994. This regulation requires that the person making a nomination for a Subclass 457 visa must be either a standard business sponsor or a party to a work agreement. The Tribunal was required to determine if the review applicant, who had applied for approval as a standard business sponsor, met this requirement at the time of the decision.

The Tribunal's reasoning was based on the evidence before it, which indicated that the review applicant's standard business sponsorship had expired in April 2017. The Tribunal had invited the review applicant to comment on this information, but no response was received. Consequently, the Tribunal accepted the information as correct and found that the review applicant was not a standard business sponsor at the date of its decision. As the review applicant was neither a standard business sponsor nor a party to a work agreement, it failed to satisfy regulation 2.72(4).

Accordingly, the Tribunal affirmed the decision not to approve the nomination.