CBF Finance Consulting Pty Ltd (Migration)

This matter concerned an application for approval of a nominated position, brought before Senior Member John Cipolla of the Tribunal. The dispute arose when the Tribunal requested additional information from the nominator, which was not provided, leading to the refusal of the nomination.

The primary legal issue before the Tribunal was whether the requirements of regulation 5.19(4)(a)(ii) of the Migration Regulations 1994 were met. This subregulation mandates that an application for approval of a nominated position must identify a need for the nominator to employ a paid employee to work in the position under the nominator’s direct control.

The Tribunal affirmed the decision to refuse the nomination, finding that the requirements of regulation 5.19(4)(a)(ii) were not satisfied. Although the specific reasons for the failure to meet this requirement are not detailed in the provided text, the decision indicates that the nominator's failure to provide requested additional information was central to the Tribunal's conclusion that the necessary identification of a need for a paid employee was not adequately established.