Dokit Pty Ltd (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a review application by Dokit Pty Ltd (the applicant) concerning the refusal of a nomination for a visa under the Temporary Residence Transition stream. The applicant sought approval of a nominated position for an identified person, which was a requirement for the visa application.

The primary legal issues before the Tribunal were whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) and the specific requirements for the Temporary Residence Transition stream under regulation 5.19(5) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if there was a genuine need for the identified person to be employed in the nominated position under the direct control of the nominator, and if the nominator’s business had the capacity to employ the identified person for at least two years and pay them the annual market salary rate.

The Tribunal found that it had invited the applicant to provide updated and current information addressing these requirements on 26 May 2023, pursuant to section 359 of the Migration Act 1958. However, the applicant failed to provide any updated information since October 2019, a period exceeding three years and eight months. In the absence of current information regarding the identified person and the applicant's need for their employment, the Tribunal was not satisfied that a genuine need existed, nor that the business had the capacity to employ the identified person as required by regulations 5.19(5)(j), (k), and (n). Consequently, regulation 5.19(4)(e) was also not met.

The Tribunal affirmed the decision under review to refuse the nomination.