AUSWISE CORPORATION PTY. LTD. (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse the approval of a nomination for a Wall and Floor Tiler position under the Direct Entry stream. The applicant, AUSWISE CORPORATION PTY. LTD., sought approval for the nominated position, but the delegate was not satisfied that there was a need to employ the nominee as a paid employee in that role.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the applicant had identified a need for the nominated position and whether it had the financial capacity to employ the nominee for at least two years. The Tribunal also had to assess whether the applicant had provided sufficient information to satisfy these criteria, particularly in light of an invitation to provide updated and current information.

The Tribunal's reasoning centred on the applicant's failure to respond to its invitation to provide updated information regarding the nominated position and the business's financial capacity. The Tribunal noted that without this current information, it could not be satisfied that there was a genuine need for the nominated position or that the applicant had the financial capacity to employ the nominee as required by regulation 5.19(4)(a)(ii) and (d). The Tribunal applied the principle that all requirements of the regulation must be met at the time of the decision, and in the absence of evidence, it could not be satisfied.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.