ARAWATA PTY LTD (Migration)

The Administrative Appeals Tribunal considered a dispute between Arawata Pty Ltd and the Department of Home Affairs concerning the approval of a nominated position under the Direct Entry stream of the Employer Nomination scheme. The core of the dispute revolved around whether Arawata Pty Ltd, as the nominator, met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if Arawata Pty Ltd had satisfied all the criteria for the approval of the nominated position, particularly focusing on regulation 5.19(4)(d)(i), which mandates that the employee will be employed on a full-time basis for at least two years. The Tribunal also had to consider whether it was satisfied with the applicant's financial capacity to meet this employment term, given the lack of response to an invitation to provide updated information.

The Tribunal's reasoning centred on the applicant's failure to respond to a letter dated 1 November 2019, which invited the provision of updated information regarding all requirements under regulation 5.19. This included specific requests for information about the business's financial circumstances and the terms of employment for the nominated position, with examples such as tax returns and financial statements. As no response was received, the Tribunal was unable to be satisfied that the nominee would be employed full-time for at least two years, a key criterion under regulation 5.19(4)(d)(i). Consequently, the Tribunal found that the applicant had not met the requirements of regulation 5.19(4).

The Tribunal affirmed the decision under review to refuse the nomination.