CTNR PTY LTD (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Department of Immigration to refuse an employer nomination application made by CTNR PTY LTD. The application was made under the Temporary Residence Transition nomination stream of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether CTNR PTY LTD met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations. Specifically, the Tribunal considered whether the applicant had provided sufficient evidence to demonstrate that the nominating business met the relevant training benchmarks as required by regulation 5.19(3)(f)(i).

The Tribunal noted that the Department's refusal of the nomination application on 11 October 2016 was based on the delegate's conclusion that the applicant had failed to show that the training benchmarks were met. The Tribunal had written to the applicant on 13 February 2018 seeking updated information addressing the relevant regulations, with a response due by 27 February 2018. No response was received by the date of the hearing. Citing decisions in *Huo v Minister for Immigration and Multicultural Affairs* and *Manna v Minister for Immigration and Citizenship*, the Tribunal held that it was not required to indefinitely defer its decision-making process. The Tribunal was satisfied that the applicant had been aware of the reasons for the refusal since October 2016 and had been afforded a fair opportunity to provide the necessary documentation. As no further information had been provided, the Tribunal was unable to be satisfied that the nominating business met the requirements of regulation 5.19.

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