Subclass 482 Visa Granted for First-Time Sponsor with Low Revenue – Section 56 Requests Overturned
Case Summary
A newly formed company with no prior sponsorship history and low revenue obtained a Standard Business Sponsorship and nomination within one week. When the Department issued additional Section 56 requests for police checks beyond what the regulations required, we successfully challenged them and had all four Subclass 482 visas granted within 2 days.
Background
The sponsoring business had been formed in 2020, had not previously sponsored an employee, and had low revenue at the time of application. Despite these factors, the Standard Business Sponsorship and nomination were both obtained within one week. The primary applicant had worked for an associated entity of the sponsor in his home country, was English-exempt under the Migration Regulations and Corporations Act, and the application included his wife and two children. The applicant and his wife had an extensive travel history. Despite providing all required police check documentation, the Department issued a Section 56 Request for Further Information seeking additional police checks.
Challenges
- Sponsoring company had no prior sponsorship history, low revenue and had only been operating since 2020
- Department issued a Section 56 request for additional police checks beyond what was required under the regulations
- Extensive travel history of the applicant and his wife created a large evidentiary burden to satisfy police check requirements
Outcome
The Department rescinded the Section 56 requests and granted all 4 Subclass 482 visas within 2 days.
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