A&A.1 Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the approval of a nominated position under the Direct Entry Stream of the employer nomination provisions. The applicant, A&A.1 Pty Ltd, sought to have a nomination for a Retail Manager approved.

The primary legal issue before the Tribunal was whether A&A.1 Pty Ltd had met all the requirements for the approval of the nomination as set out in subregulation 5.19(4) of the Migration Regulations. Specifically, the Tribunal had to determine if the application was compliant, if there was a demonstrated need for a paid employee in the nominated position, and if the employer had the financial capacity to employ the nominee.

The Tribunal affirmed the decision to refuse the nomination. It found that while the application was made in the approved form, accompanied by the prescribed fee, and included the required certification relating to conduct contravening subsection 245AR(1) of the Migration Act 1958, other requirements were not met. The Tribunal noted that while the application identified a nominee for the position of 'Retail Manager' with a stated annual salary, the onus was on the applicant to provide sufficient detail to establish the relevant facts. The Tribunal was not required to make the applicant's case for them or to uncritically accept all claims. The decision indicates that further requirements under subregulation 5.19(4) were not satisfied, leading to the affirmation of the refusal.