AUSTINO WENTWORTHVILLE PTY LTD ATF WENTWORTHVILLE UNIT TRUST (Migration)

This matter concerned an application by AUSTINO WENTWORTHVILLE PTY LTD ATF WENTWORTHVILLE UNIT TRUST for approval of a nominated position under the Direct Entry Nomination stream. The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the applicant had demonstrated a need to employ a paid employee to work in the nominated position under the nominator’s direct control, and whether the applicant had the financial capacity to employ the nominee in the nominated position for at least two years full-time. The Tribunal had invited the applicant to provide updated and current information regarding these matters, including details of the roles and duties of the nominated position and evidence of financial capacity such as tax returns and financial statements.

The Tribunal reasoned that as the applicant failed to respond to its invitation to provide updated and current information, it was unable to be satisfied that the requirements of regulation 5.19(4)(a)(ii) and 5.19(4)(d) were met at the time of its decision. Specifically, without current information regarding the nominated position's structure and duties, and the applicant's financial capacity, the Tribunal could not confirm a genuine need for the position or the ability to employ the nominee for the required duration. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.