True Balance Massage Therapy (Migration)

The Administrative Appeals Tribunal considered an application by True Balance Massage Therapy (the applicant) for approval of a nomination of an occupation. The dispute concerned whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994. The Tribunal affirmed the decision under review to refuse the nomination.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of regulation 2.72 of the Migration Regulations 1994 and section 140GB of the Migration Act 1958, including section 140GBA, at the time of the decision. This involved determining if the nominated position was genuine and if the applicant met the criteria for being an approved sponsor.

The Tribunal's reasoning focused on the applicant's status as a nominating sponsor. Evidence presented indicated that the business operating as True Balance Massage Therapy, which was the nominating sponsor, had been sold by Mrs. Sarah Clenci to a partnership on 1 July 2021. This sale occurred after the nomination application was lodged. The Tribunal noted that the activity statements provided to the Department of Home Affairs were in the name of Mrs. Clenci, and her business plan identified her as the owner of the business. The Tribunal concluded that, at the time of the nomination application, the business was conducted by Mrs. Clenci, but the sale of the business meant that the applicant, as originally constituted, was no longer operating the business. Consequently, the Tribunal affirmed the decision to refuse the nomination.