Epic Group Ballajura Pty Ltd, atf Ballajura Unit Trust (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a decision by the delegate of the Minister to refuse the approval of a nominated position under the Direct Entry nomination stream. The applicant, Epic Group Ballajura Pty Ltd, atf Ballajura Unit Trust, sought to have the nominated position approved.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the tasks of the nominated position corresponded to the occupation of a Retail Manager (ANZSCO 142111) as required by regulation 5.19(4)(h)(ii)(D), and if the applicant had demonstrated sufficient financial capacity to employ the nominee for at least two years, as required by regulation 5.19(4)(d).

The Tribunal affirmed the delegate's decision to refuse the nomination. The applicant failed to respond to the Tribunal's invitation to provide updated and current information regarding the nominated position's duties and the business's financial capacity. The Tribunal found that the tasks of the nominated position appeared more aligned with a supervisory role than a Retail Manager. Furthermore, without evidence of financial capacity, the Tribunal could not be satisfied that the applicant met the requirements of regulation 5.19(4)(d) or (h). Consequently, the Tribunal was unable to approve the nomination.