Ezyfix Engineering PTY LTD (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of an identified person by Ezyfix Engineering PTY LTD for a Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream. The applicant sought review of the delegate's decision to refuse the nomination.

The primary legal issue before the Tribunal was whether Ezyfix Engineering PTY LTD met the general requirements for approval of a nomination under regulation 5.19(4) and the specific requirements for the Temporary Residence Transition stream under regulation 5.19(5) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominator's business had the capacity to employ the identified person for at least two years and pay them at least the annual market salary rate, as required by regulation 5.19(5)(n).

The Tribunal affirmed the delegate's decision to refuse the nomination. The delegate had concerns about the verifiability of the applicant's financial position and whether it demonstrated the capacity to employ the identified person for the required period. The Tribunal noted that the financial documents provided did not reasonably reflect the applicant's financial position at the time of the decision. Furthermore, the invitation to provide information specifically requested current and updated financial capacity details, which the applicant failed to provide within the prescribed period. As the applicant did not satisfy all the mandatory requirements of regulation 5.19, the Tribunal was not satisfied that the nomination should be approved.