Farm Crew Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Farm Crew Pty Ltd for approval of a nomination for a position under the Direct Entry nomination stream. The dispute concerned whether the applicant, Farm Crew Pty Ltd, had demonstrated sufficient financial capacity to employ the nominated individual, an Office Manager, on a full-time basis for at least two years, as required by migration regulations.

The primary legal issue before the Tribunal was whether Farm Crew Pty Ltd met the requirements of regulation 5.19(4)(d) of the Migration Regulations 1994, specifically concerning the financial capacity to employ the nominee for the requisite period. This regulation mandates that the nominee will be employed full-time for at least two years, with terms and conditions that do not expressly exclude the possibility of an extension.

The Tribunal found that Farm Crew Pty Ltd had failed to provide any contemporary financial information to support its nomination. Despite an invitation from the Tribunal under subsection 359(2) of the Migration Act 1958 to provide such information, the applicant did not respond. Consequently, the Tribunal had no current evidence of the business's financial capacity to meet the salary obligations for the nominated position over the required two-year period. As the applicant did not satisfy this crucial criterion, the Tribunal was not required to consider the remaining requirements of regulation 5.19(4).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, as Farm Crew Pty Ltd had not demonstrated that it met the requirements of regulation 5.19(4)(d).