Cartwright Civil Contracting Pty. Ltd. (Migration)

The Administrative Appeals Tribunal considered an application by Cartwright Civil Contracting Pty. Ltd. for approval of a nomination of a position under the Direct Entry stream. The dispute concerned whether the applicant met the requirements for approval of the nomination, specifically regarding the need to employ a nominee as a paid employee and the financial capacity to do so.

The Tribunal was required to determine whether the applicant had satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. This included assessing whether the applicant had demonstrated a genuine need to employ a paid employee for the nominated position and whether the applicant possessed the financial capacity to employ the nominee for at least two years. The Tribunal also considered whether the applicant had provided sufficient and current information to substantiate these claims.

The Tribunal's reasoning focused on the applicant's failure to respond to a letter issued under section 359(2) of the Migration Act 1958, which invited the applicant to provide updated and current information relevant to the nomination requirements. As no response was received, the Tribunal was unable to be satisfied that the applicant met the criteria, particularly regulation 5.19(4)(a)(ii) concerning the need to employ a paid employee and regulation 5.19(4)(d) regarding financial capacity. The Tribunal applied the principle that all requirements for nomination approval must be met at the time of the decision.

The Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not provided the necessary information to satisfy the Tribunal that the requirements of regulation 5.19(4) were met.