TWO SISTERS FAMILY TRUST (Migration)

The Administrative Appeals Tribunal, with Member Wan Shum presiding, considered a review application concerning the approval of a nomination for a visa applicant. The dispute centred on whether the nominated position of Café or Restaurant Manager met the relevant criteria, particularly in light of the nominator no longer being a standard business sponsor and a lack of recent information regarding its financial situation or operations.

The primary legal issue before the Tribunal was whether the nominator met the requirements of regulation 2.72 of the Migration Regulations 1994 for the nomination to be approved, as mandated by section 140GB(2) of the Migration Act 1958. This required the Tribunal to determine if it possessed sufficient information to be satisfied that the nominated position was genuine and that the nominator met the applicable criteria.

The Tribunal's reasoning focused on the nominator's failure to provide updated information when requested. Despite being invited to provide current details addressing the requirements of regulation 2.72, the nominator did not respond within the prescribed period. Consequently, the Tribunal proceeded to make a decision based on the information available, which was over two years old. Without recent information on the business's operations, profitability, or the genuine need for the nominated position, the Tribunal was not satisfied that the requirements of regulation 2.72(10)(f) were met, specifically regarding the genuineness of the position.

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