Enhanced Finance Solutions Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a nomination made by Enhanced Finance Solutions Pty Ltd. The dispute centred on whether the applicant met the criteria for approval of the nomination for a Human Resources Manager position. The Tribunal was tasked with determining if the applicant had a genuine ongoing need for the nominated position, if the position was genuine and full-time, and if the applicant possessed the financial capacity to employ the nominee for at least two years.

The Tribunal considered various pieces of evidence provided by the applicant, including financial reports, business activity statements, business plans, a position description, labour market testing results, and statutory declarations. It also reviewed the nominee's resume and contract of employment, along with letters of support from business clients. The Tribunal examined the requirements of Regulation 2.72 of the Migration Regulations 1994, including the applicant's status as a standard business sponsor, the absence of adverse information, and the specified occupation.

The Tribunal found that the applicant met all applicable criteria for the nomination to be approved. It was satisfied that the position was genuine and that the applicant had the financial capacity to employ the nominee full-time for a minimum of two years. Furthermore, the Tribunal confirmed that the nominee was not a holder of a Subclass 457 or Subclass 482 visa, thus rendering certain regulatory requirements inapplicable. The Tribunal set aside the original decision not to approve the nomination and substituted a decision approving the nomination.