Craneford Nominees Pty Ltd ATF Cranford Nominees Unit Trust (Migration)

This matter concerned an application by Craneford Nominees Pty Ltd ATF Cranford Nominees Unit Trust for approval of a nomination for a position under the Direct Entry stream. The review applicant had failed to provide requested information within the prescribed period, and no extension was granted, meaning they were not entitled to appear before the Tribunal. The Tribunal considered documents submitted by the applicant between 28 December 2020 and 13 January 2021.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal examined whether the nominated position, described as a 'Business Development Officer' but claimed to be equivalent to a 'Marketing Specialist' for ANSZCO purposes, satisfied the criteria, including the term of employment and the possibility of extension.

The Tribunal found that regulation 5.19(4)(d) requires the nominee to be employed full-time for at least two years, with terms and conditions that do not expressly exclude an extension. While the nominated person's letter of appointment stated the position would be available for at least two years and might be renewable, the nominated person's visa application had been refused, meaning employment had not commenced. The Tribunal noted that the letter of appointment omitted a commencement date and that an organisation chart indicated the position was vacant and to be occupied upon visa grant. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4).

The Tribunal affirmed the decision under review to refuse the nomination, concluding that the applicant had not met the necessary criteria for approval under the Direct Entry nomination stream.