Everest Business Group Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the nomination of a position by Everest Business Group Pty Ltd under the Direct Entry nomination stream. The core dispute concerned whether the company had demonstrated sufficient financial capacity to employ a nominee full-time for at least two years, as required by migration regulations.

The Tribunal was required to determine if the applicant met the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically focusing on whether the nominating business had the financial capacity to employ the nominated person full-time for a minimum of two years. This involved assessing the evidence provided by the applicant, including financial statements and an employment contract, against the regulatory criteria.

The Tribunal found that while an employment contract for four years was provided, the applicant failed to provide sufficient contemporary financial information to demonstrate its capacity to pay the nominated salary for the required two-year period. Despite being invited to provide further information under subsection 359(2) of the Act, the applicant did not do so. Consequently, the Tribunal was not satisfied that the applicant met the financial capacity requirement stipulated in regulation 5.19(4)(d)(i). As this criterion was not met, the Tribunal concluded that the nomination could not be approved.

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