Capital Coatings Pty. Limited (Migration)

This matter concerned an application by Capital Coatings Pty. Limited for approval of a nominated position under the Direct Entry stream for a Wood Machinists and Other Woods Trades Workers visa. The Administrative Appeals Tribunal was required to determine whether the applicant met the general requirements for approval of the nomination under reg 5.19(4) and the specific requirements for the Direct Entry stream under reg 5.19(9) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominating business, Capital Coatings Pty. Limited, had demonstrated sufficient financial capacity to employ the identified person on a full-time basis for at least two years and to pay them at least the annual market salary rate for the occupation. This requirement is stipulated in reg 5.19(9)(g). The Tribunal also considered whether the applicant had met the requirement under reg 5.19(9)(e) that the identified person would be employed on a full-time basis for at least two years.

The Tribunal affirmed the decision to refuse the nomination, finding that the applicant had failed to provide sufficient evidence of its financial capacity. The Tribunal noted that the financial information before it was at least three years old and therefore could not be given any weight. Despite an invitation under s 359(2) of the Act to provide contemporary financial information, the applicant failed to respond. Consequently, the Tribunal was not satisfied that the nominating business had the capacity to employ the nominated person for at least two years and to pay the required salary, thus failing to meet the requirements of reg 5.19(9)(e) and (g). As a result, the Tribunal was not satisfied that the applicant met the requirements of reg 5.19, leading to the refusal of the nomination under reg 5.19(3)(b).