DSB GROUP (SYD) PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered a review of a decision to refuse a nomination for a position under the Direct Entry stream of the Employer Nomination scheme. The applicant, DSB GROUP (SYD) PTY LTD, sought approval for a nominated position, but the delegate had refused this nomination. The Tribunal, presided over by Member Amanda Mendes Da Costa, was tasked with determining whether the applicant met the requirements for approval of the nomination.

The primary legal issue before the Tribunal was whether the nominated position met the criteria set out in regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the term of employment. Regulation 5.19(4)(d)(i) requires that the employee will be employed on a full-time basis in the nominated position for at least two years, and regulation 5.19(4)(d)(ii) stipulates that the terms and conditions of employment must not expressly exclude the possibility of an extension.

The Tribunal found that the applicant had not provided any information regarding their business or the nominated position since the review application was lodged approximately 40 months prior. Consequently, there was no current information before the Tribunal to satisfy the requirements of regulation 5.19(4)(d)(i). Based on the available evidence, the Tribunal was not satisfied that the applicant would provide full-time employment for at least two years. As the applicant failed to meet this essential criterion, the Tribunal concluded that the nomination could not be approved. The Tribunal affirmed the decision under review to refuse the nomination.