Assurance Insurance Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the approval of a nominated position under the Direct Entry nomination stream. The applicant sought to have a nomination approved, but the delegate had refused the application. The Tribunal was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the applicant's nomination met the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominator had demonstrated the financial capacity to pay the full-time salary for the nominated position for at least two years, and whether the nominator was actively and lawfully operating a business in Australia.

The Tribunal affirmed the delegate's decision to refuse the nomination. It found that the provided Profit and Loss Statements for the relevant financial years indicated insufficient profit, and in one year, a loss, raising doubts about the nominator's capacity to meet the salary obligations for two years. Furthermore, the Tribunal was not satisfied that the nominator had demonstrated they were lawfully and directly operating a business in Australia, as updated documentation requested by the Tribunal was not provided. Consequently, the Tribunal concluded that regulation 5.19(4)(d)(i) and 5.19(4)(b)(i) and (ii) were not met.