Great Current Australia Pty Ltd (Migration)

This matter concerned an appeal by Great Current Australia Pty Ltd against a decision to refuse the approval of a nomination for a position under the Temporary Residence Transition stream. The core of the dispute revolved around whether the applicant, a Retail Buyer, met the requirements stipulated in regulation 5.19 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the general requirements for nomination approval under reg 5.19(4) and the specific requirements for the Temporary Residence Transition stream under reg 5.19(5). Specifically, the Tribunal had to assess whether the identified person would be employed full-time in the nominated position for at least two years, and whether the nominator's business had the financial capacity to support this employment.

The Tribunal found that the nominator had not provided sufficient information to satisfy the requirements of reg 5.19(5)(l). This regulation mandates that the identified person will be employed full-time in the position for at least two years. The Tribunal noted that the occupation of Retail Buyer was not listed as exempt under the relevant Migration Instrument. Crucially, the applicant had failed to provide any updated information regarding the continued existence of the position or recent financial statements demonstrating the business's capacity to fund the role for the required duration. Consequently, the Tribunal was not satisfied that reg 5.19(5)(l) had been met, and therefore reg 5.19(4)(e) was also not satisfied.

As a result of these findings, the Tribunal concluded that the nomination must be refused under reg 5.19(3)(b). The decision under review to refuse the nomination was affirmed.