Bassi Corporation Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the nomination of a position by Bassi Corporation Pty Ltd under the Direct Entry stream of the Migration Regulations 1994. The applicant failed to provide sufficient evidence of its financial capacity to employ the nominee for the required two-year period. The Tribunal also noted that the company was in liquidation and had not responded to invitations to provide further information.

The primary legal issue before the Tribunal was whether Bassi Corporation Pty Ltd met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant had demonstrated sufficient financial capacity to employ the nominee for at least two years full-time, as required by regulation 5.19(4)(d)(i), and whether the nominated position was genuinely needed by an actively operating business.

The Tribunal affirmed the decision to refuse the nomination. It found that the financial information provided, including a letter from the applicant's accountant and financial statements for the 2016 financial year, was insufficient and outdated. The financial statements were not signed, and the business activity statement was for a period ending over three years prior to the review. Given the company's liquidation and the lack of corroborating evidence, the Tribunal was not satisfied that the applicant met the criteria for approval, particularly the requirement for an actively operating business with the financial capacity to meet its nomination obligations.