A.C.E TUITION CENTRE PTY LTD (Migration)

This matter concerned an application by A.C.E Tuition Centre Pty Ltd for approval of a nomination for the position of Finance Manager under the Temporary Residence Transition stream. The applicant sought to nominate Mr Thanh Long Nguyen, who held a Subclass 457 visa. The delegate had refused the nomination, and the applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had demonstrated sufficient financial capacity to employ the nominee for at least two years, and whether the applicant had met its training obligations as a standard business sponsor.

The Tribunal affirmed the delegate's decision to refuse the nomination. The Tribunal found that the applicant had not provided sufficient evidence to satisfy the delegate that it possessed the financial capacity to employ the nominee full-time for two years. Furthermore, the applicant had failed to demonstrate that it had met its training obligations during its most recent sponsorship period. Consequently, the Tribunal concluded that the applicant had not met the requirements of regulation 5.19(3) and therefore the nomination could not be approved.