CONNECT COAST PTY LTD (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position by Connect Coast Pty Ltd. The dispute concerned whether the company met the requirements for approval of a nomination under the Direct Entry nomination stream.

The primary legal issue before the Tribunal was whether Connect Coast Pty Ltd had demonstrated its financial capacity to employ the nominated individual, Akber Hussain Khan, as a Systems Administrator for at least two years full-time, as required by regulation 5.19(4)(d) of the Migration Regulations 1994. This regulation mandates that the terms and conditions of employment must not expressly exclude the possibility of an extension and requires an assessment of the nominator's financial capacity to provide at least two years of full-time employment.

The Tribunal found that Connect Coast Pty Ltd had failed to provide requested information to demonstrate its financial capacity to pay the nominated salary of $60,000 per annum for the specified position. Despite being given an opportunity to provide this information, the company failed to do so. Consequently, the Tribunal was not satisfied that the company met the requirements of regulation 5.19(4)(d) and, therefore, did not meet the overall requirements of regulation 5.19(4). The Tribunal also noted that the company had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.