234 Sky Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by 234 Sky Pty Ltd for approval of a nomination for a Marketing Specialist position under the Direct Entry stream of the Employer Nomination Scheme (visa subclass 186). The dispute arose because the Tribunal was not satisfied that the applicant met the requirements for the nomination to be approved.

The primary legal issue before the Tribunal was whether the nominator, 234 Sky Pty Ltd, met the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominator was actively and lawfully operating a business in Australia, if the nominee would be employed full-time for at least two years, and if the tasks of the nominated position corresponded to an occupation specified by the Minister.

The Tribunal's reasoning focused on the lack of sufficient evidence provided by the applicant. Despite a request for updated financial information, including tax returns and BAS statements, the applicant failed to provide contemporary documents. The Tribunal found the existing evidence to be scant and outdated, preventing satisfaction of the requirement that the nominator is actively and lawfully operating a business. Furthermore, the lack of updated financial capacity evidence meant the Tribunal could not be satisfied that the nominee would be employed full-time for at least two years. Consequently, the Tribunal affirmed the decision to refuse the nomination.