The Immigration has been Refusing Nominations on Self-Sponsorship

September 21, 2015
The Immigration has been Refusing Nominations on Self-Sponsorship

It appears lately that the Immigration has been using Regulation 2.72 (10)(f) (genuiness criteria) to refuse Subclass 457 visa nominations where there is “self-sponsorship.”  Refusal decisions will often read something like this:

Self-sponsorship does not in itself, reflect a non-genuine position but having considered all the evidence I am not satisfied that the nominated position is genuine.

“A higher level, in considering genuineness, is relevant to consider for the purpose of a Subclass 457 visa.”  PAM3 states: “The 457 visa is primarily intended to provide streamlined entry arrangements for businesses needing to recruit skilled staff from overseas on a temporary basis. The 457 visa programme is designed to fill skill shortages that
cannot be met from the local labour market.”

I understand that a genuine position involving self-sponsorship can arise where a person establishes a business in Australia while holding a temporary visa that allows such activity.

However I consider that the evidence provided indicates that the nominated position was created to produce a migration outcome for the nominee.  I therefore am not satisfied that the nominated position is genuine.  Therefore, I am not satisfied that paragraph 2.72(10) (f) has been met.

Source:  Auslii cases