Bejetayklock Pty Ltd (Migration)

This matter concerned an appeal by Bejetayklock Pty Ltd against a decision to refuse the 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 issue before the Tribunal was whether the applicant had satisfied all the mandatory criteria for the approval of the nominated position. Specifically, the Tribunal considered whether the applicant had demonstrated that the nominee would be employed on a full-time basis for at least two years, as required by regulation 5.19(4)(d)(i). The Tribunal also noted that the delegate had refused the nomination on other grounds, including regulation 5.19(4)(h)(ii)(C), concerning the inability to fill the position with an Australian citizen or permanent resident.

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to provide requested updated information regarding its financial circumstances and the terms of employment for the nominated position. The Tribunal had invited the applicant to submit current financial statements, tax returns, a job description, and an employment contract, but no response was received. Consequently, the Tribunal was unable to be satisfied that the applicant would employ the nominee full-time for at least two years, a requirement under regulation 5.19(4)(d)(i). As this criterion was not met, the Tribunal found it unnecessary to consider the other grounds for refusal.