Busclean Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position by Busclean Pty Ltd (the Company) under the Temporary Residence Transition stream. The applicant sought to have a nomination for the position of Cook approved.

The primary legal issue before the Tribunal was whether the Company met all the requirements for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the Company could demonstrate that the nominee would be employed on a full-time basis for at least two years, and if there was any adverse information concerning the Company that could not be disregarded.

The Tribunal affirmed the delegate's decision to refuse the nomination. This was primarily because the Company failed to provide any evidence to demonstrate its financial capacity to employ the nominee, Mr Sharma, as a Cook on a full-time basis for at least two years. This failure was compounded by the Company's lack of response to requests for information, including a procedural fairness notification regarding an ASIC search that revealed a winding-up order had been published against the Company. Despite the Company not having been wound up, its complete failure to provide updated financial information or any other requested details meant the Tribunal was not satisfied that the Company met the requirements of regulation 5.19(3)(d)(i). Consequently, the nomination could not be approved.