BJ & DC Aussie Investment Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by BJ & DC Aussie Investment Pty Ltd for approval of a nomination of a position under the Direct Entry stream. The dispute concerned whether the applicant had provided sufficient evidence to satisfy the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically regarding the inability to fill the nominated position with an Australian citizen or permanent resident and the business's training expenditure.

The Tribunal was required to determine if the applicant had met all the criteria for approval of the nomination under the Direct Entry stream, as set out in regulation 5.19(4). This included assessing whether the applicant had provided satisfactory evidence that the nominated position could not be filled by an Australian citizen or permanent resident living in the same local area, and whether the business met the specified training requirements.

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to respond to a letter inviting them to provide updated and current information regarding the nomination requirements. In the absence of this information, the Tribunal was unable to be satisfied that the nominated position could not be filled by a local Australian citizen or permanent resident, nor that the specified training requirements had been met. Consequently, the Tribunal concluded that regulation 5.19(4)(h)(ii)(C) and regulation 5.19(4)(h)(i)(B) were not satisfied, leading to the affirmation of the delegate's decision to refuse the nomination.