Cantone Family Trust (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse a nomination under the Direct Entry nomination stream. The applicant, the Cantone Family Trust, sought to nominate a position, but the delegate had refused this nomination. The Tribunal was tasked with determining whether the applicant met the requirements for approval of the nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the financial viability and ongoing operation of the business. The Tribunal considered regulation 5.19(4)(d), which requires the nominee to be employed in the nominated position for at least two years, with terms and conditions that do not expressly exclude an extension.

The Tribunal found that the applicant had failed to provide up-to-date financial documents, such as profit and loss statements or balance sheets, to demonstrate the financial status, viability, and turnover of the business. This failure persisted for over five years since the initial nomination application. In the absence of such information, the Tribunal could not be satisfied that the business was continuing to trade profitably, meet its wage obligations, or even that it was still operating. Consequently, the Tribunal was not satisfied that the applicant could employ the nominee as a hairdresser on a full-time basis for two years, thus failing to meet the requirements of regulation 5.19(4)(d). As the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, the Tribunal affirmed the delegate's decision to refuse the nomination.