Greenag Pty Ltd ATF Greenag Trust (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the application of Greenag Pty Ltd ATF Greenag Trust (the applicant) for approval of a nomination under the Direct Entry stream. The dispute concerned whether the applicant met the criteria for nomination approval, specifically regarding the financial capacity to employ a nominee and the terms of employment.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 5.19(4) of the Migration Regulations 1994 (Cth), particularly subregulation (4)(d), which mandates that the nominee be employed full-time for at least two years and that the terms of employment do not exclude the possibility of extension. This also involved considering whether the applicant possessed the financial capacity to meet the nominee's salary package for the required period.

The Tribunal reasoned that the applicant had failed to provide essential documentation, including an employment agreement and financial statements, to demonstrate its capacity to pay the nominee's salary of $48,000 per annum plus superannuation for at least two years. Despite being invited by the Tribunal under section 359(2) of the Migration Act 1958 (Cth) to provide updated information by 1 July 2022, the applicant failed to respond. The Tribunal noted that it was not required to indefinitely defer its decision-making process and that the applicant had been aware of the issues since 2019. Applying the principles from *MIBP v Jayshree Enterprises Pty Ltd* [2017] FCA 264, the Tribunal concluded that the lack of contemporary evidence meant it was not satisfied of the applicant's financial capacity to meet the employment obligations.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the requirement under regulation 5.19(4)(d)(i) had not been met.