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MIGRATION REGULATIONS 1994 - REG 2.68J

Additional criteria for variation of terms of approval--transfer, recovery and payment of costs

             (1)  For paragraph 140GA(2)(b) of the Act, the criteria in this regulation are in addition to the criteria in regulation 2.68A.

             (2)  The criteria that must be satisfied for the Minister to vary a term of an approval of a person (the applicant ) as a work sponsor mentioned in regulation 2.68A include a criterion that the Minister is satisfied that:

                     (a)  the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, associated with the applicant becoming an approved work sponsor; and

                     (b)  the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, associated with the applicant becoming an approved work sponsor; and

                   (ba)  the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73A(3) or nomination training contribution charge); and

                   (bb)  the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73A(3) or nomination training contribution charge); and

                     (c)  the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, that relate specifically to the recruitment of a non-citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and

                     (d)  the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of a non-citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and

                     (e)  if the applicant has agreed to be the work sponsor of an applicant for, a proposed applicant for, or a holder of:

                              (i)  a Subclass 402 (Training and Research) visa; or

                            (ia)  a Subclass 403 (Temporary Work (International Relations)) visa; or

                            (ib)  a Subclass 408 (Temporary Activity) visa; or

                             (ii)  a Subclass 416 (Special Program) visa; or

                            (iii)  a Subclass 488 (Superyacht Crew) visa;

                            the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and

                      (f)  if the applicant has agreed to be the work sponsor of an applicant for, a proposed applicant for, or a holder of:

                              (i)  a Subclass 402 (Training and Research) visa; or

                            (ia)  a Subclass 403 (Temporary Work (International Relations)) visa; or

                            (ib)  a Subclass 408 (Temporary Activity) visa; or

                             (ii)  a Subclass 416 (Special Program) visa; or

                            (iii)  a Subclass 488 (Superyacht Crew) visa;

                            the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.

             (3)  The criteria that must be satisfied for the Minister to vary a term of an approval of a person (the applicant ) as a work sponsor mentioned in regulation 2.68A include a criterion that the Minister is satisfied that:

                     (a)  the applicant has not recovered from another person some or all of the costs, including migration agent costs:

                              (i)  associated with the person becoming an approved work sponsor; or

                            (ia)  associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73A(3) or nomination training contribution charge); or

                             (ii)  that relate specifically to the recruitment of a non-citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and

                     (b)  the applicant has not sought to recover from another person some or all of the costs, including migration agent costs:

                              (i)  associated with the person becoming an approved work sponsor; or

                            (ia)  associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73A(3) or nomination training contribution charge); or

                             (ii)  that relate specifically to the recruitment of a non-citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and

                     (c)  if the applicant has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:

                              (i)  a Subclass 402 (Training and Research) visa; or

                            (ia)  a Subclass 403 (Temporary Work (International Relations)) visa; or

                            (ib)  a Subclass 408 (Temporary Activity) visa; or

                             (ii)  a Subclass 416 (Special Program) visa; or

                            (iii)  a Subclass 488 (Superyacht Crew) visa;

                            the applicant has not recovered from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and

                     (d)  if the applicant has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:

                              (i)  a Subclass 402 (Training and Research) visa; or

                            (ia)  a Subclass 403 (Temporary Work (International Relations)) visa; or

                            (ib)  a Subclass 408 (Temporary Activity) visa; or

                             (ii)  a Subclass 416 (Special Program) visa; or

                            (iii)  a Subclass 488 (Superyacht Crew) visa;

                            the applicant has not sought to recover from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.

             (4)  However, the Minister may disregard a criterion referred to in subregulation (2) or (3) if the Minister considers it reasonable to do so.



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