Chengdu Di'ao International Investment Pty Ltd (Migration)

This matter concerned an appeal by Chengdu Di'ao International Investment Pty Ltd (the Company) against the refusal of its employer nomination for a position under the Direct Entry stream. The Company sought to nominate Mr Deng for a position, submitting that he was required in Australia to establish and operate a coal trading company and to be involved in the operations of Panda Mining Pty Ltd. The primary issue before the Tribunal was whether the Company had demonstrated a genuine need to employ a paid employee in the nominated position, as required by regulation 5.19(4)(a)(ii) of the Migration Regulations 1994.

The Tribunal was required to determine if the Company had satisfied all the requirements for the approval of an employer nomination under the Direct Entry stream, specifically focusing on whether the nominated position represented a genuine need for the Company to employ a paid individual under its direct control. This involved assessing the evidence provided by the Company, including ASIC documents, financial statements, an organisational chart, and business proposals, to ascertain the operational reality and future plans of the Company and its associated entities. The Tribunal also considered the role of the nominee, Mr Deng, and his proposed responsibilities within the Company and its related businesses.

The Tribunal affirmed the decision to refuse the nomination, finding that the Company had not demonstrated a genuine need to employ a paid employee in the nominated position. While the Company presented evidence of its business activities and proposed future ventures, including joint venture negotiations and involvement in Panda Mining, the Tribunal was not satisfied that these activities established a clear and demonstrable requirement for a new, paid employee under the Company's direct control. The limited supporting evidence provided by the Company was insufficient to meet the stringent requirements of regulation 5.19(4)(a)(ii), leading to the conclusion that the nomination could not be approved.