Bakers & CO Australia PTY LTD (Migration)

This matter concerned an application by Bakers & CO Australia PTY LTD for approval of a nomination under the Temporary Residence Transition stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. The core of the dispute revolved around the applicant's failure to provide requested information regarding its financial capacity and the terms of employment for the nominated position.

The Tribunal was tasked with assessing whether the applicant had satisfied all the mandatory criteria for the nomination to be approved. Specifically, the Tribunal needed to be satisfied that the applicant had the financial capacity to employ the nominee on a full-time basis in the nominated position for at least two years, as required by regulation 5.19(3)(d). The Tribunal had invited the applicant to provide updated and current information, including financial statements and employment details, to demonstrate compliance with the relevant criteria.

The Tribunal's reasoning focused on the applicant's failure to respond to the invitation to provide information. As no updated or current information was received, the Tribunal was unable to be satisfied that the applicant met the requirements of regulation 5.19(3)(d). The delegate's original refusal was based on a lack of satisfaction regarding the business's financial capacity to pay the nominated salary for the required period. Without the requested evidence, the Tribunal concluded that this essential criterion remained unmet.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The applicant had not provided the necessary information to satisfy the Tribunal that it met the requirements of the Temporary Residence Transition nomination stream, and therefore, the nomination could not be approved.