CHI LINK PTY LTD (Migration)

This matter concerned an application by CHI LINK PTY LTD for approval of a nomination of a position under the Temporary Residence Transition stream. The applicant sought to nominate an employee for a position, and the core dispute revolved around whether the applicant, as the nominator, had demonstrated the financial capacity to employ the nominee full-time for at least two years, as required by migration regulations. The Administrative Appeals Tribunal (AAT) was required to review the delegate's decision to refuse the nomination.

The legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if it was satisfied that the applicant had the financial capacity to employ the nominated individual on a full-time basis for at least two years, and if the applicant had provided sufficient current information to satisfy this criterion at the time of the Tribunal's decision.

The Tribunal reasoned that it must be satisfied that all relevant criteria are met at the time of its decision. Despite being invited to provide updated and current information, including financial statements and employment details, the applicant failed to respond to the Tribunal's request. The Tribunal noted that the original delegate had refused the nomination due to a lack of satisfaction regarding the business's financial capacity to pay the nominee's salary for two years. As no information was provided to demonstrate this capacity, the Tribunal concluded it could not be satisfied that the applicant met the requirements of regulation 5.19(3)(d).

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The applicant had not provided the necessary information to satisfy the Tribunal that they met the criteria for the Temporary Residence Transition nomination stream, nor had they sought to satisfy the criteria for the Direct Entry nomination stream.