BDS Autocare Pty Ltd (Migration)

This matter concerned an application by BDS Autocare Pty Ltd for approval of a nominated position under the Temporary Residence Transition nomination stream. The applicant sought to nominate a Motor Mechanic for a position with a salary of $54,000 per annum. The Administrative Appeals Tribunal (the 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 primary legal issue before the Tribunal was whether BDS Autocare Pty Ltd had provided sufficient evidence to satisfy the criteria for the nominated position, particularly concerning the future employment of the visa holder as stipulated in regulation 5.19(3)(d). The Tribunal had invited the applicant to provide further information demonstrating compliance with the criteria, with a response due by 27 August 2019. No response was received by the Tribunal.

The Tribunal considered its obligation to make a decision based on the available evidence, noting that it was not required to indefinitely adjourn proceedings. Citing relevant case law, including *Huo v Minister for Immigration and Multicultural Affairs*, *Manna v Minister for Immigration and Citizenship*, *Minister for Immigration and Citizenship v Li*, *Minister for Immigration and Border Protection v Singh*, and *Kaur v Minister for Immigration and Border Protection*, the Tribunal concluded that it was reasonable to proceed to a decision without further information from the applicant. As the applicant had not provided evidence to satisfy the requirements of regulation 5.19(3), the Tribunal affirmed the decision under review to refuse the nomination.