EBIZCORPORATE PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving EBIZCORPORATE PTY LTD as the applicant and the Department of Home Affairs as the respondent. The dispute concerned the approval of a nominated position under the Direct Entry stream of the Employer Nomination Scheme visa. The Tribunal, presided over by Jade Murphy, was tasked with reviewing the Department's decision to refuse the nomination.

The primary legal issues before the Tribunal were whether the applicant met the general requirements for approval of a nominated position under regulation 5.19(4) of the Migration Regulations 1994, and specifically, the stream-specific requirements for the Direct Entry stream as set out in regulation 5.19(9). These requirements included ensuring the identified person would be employed full-time for at least two years, that employment terms would not exclude extensions, and that the nominator's business had the financial capacity to employ the person for the specified period and pay the annual market salary rate.

The Tribunal's reasoning focused on the lack of sufficient evidence provided by the applicant. Despite an invitation under s 359(2) of the Migration Act 1958 to provide information demonstrating compliance with the criteria, the applicant failed to respond. The Tribunal noted that the financial information on file was approximately three years old and therefore could not be given weight. Consequently, the Tribunal was not satisfied that the nominator had demonstrated its financial capacity to employ the nominated person for at least two years or that the terms and conditions of employment met the regulatory requirements.

As a result of these findings, the Tribunal concluded that the requirements of regulations 5.19(9)(e), (f), and (g) were not met, which in turn meant that regulation 5.19(4)(f) was not satisfied. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.