DINSUN INTERNATIONAL HOLDING GROUP P/L (Migration)

This matter concerned an application by DINSUN INTERNATIONAL HOLDING GROUP P/L for approval of a nomination of a position under the Direct Entry stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for approval of the nomination, specifically concerning its financial capacity to employ the nominee full-time for at least two years.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. This included, crucially, regulation 5.19(4)(d)(i), which requires that the employee will be employed on a full-time basis in the nominated position for at least two years. The Tribunal had invited the applicant to provide updated and current information regarding its business's financial circumstances and the terms of employment for the nominated position, including examples such as tax returns, financial statements, job descriptions, and employment contracts.

The Tribunal's reasoning centred on the applicant's failure to respond to its request for information. As no updated or current information was provided, the Tribunal was unable to be satisfied that the applicant met the requirements of regulation 5.19(4) at the time of its decision. Specifically, the Tribunal could not be satisfied that the applicant had the financial capacity to employ the nominee full-time for at least two years, as required by regulation 5.19(4)(d)(i). Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.