Guruom Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse the nomination of a position under the Temporary Residence Transition nomination stream. The applicant, Guruom Pty Ltd, sought to nominate a Cook position for a visa holder. The primary decision refused the nomination, and the applicant sought review of this decision by the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the requirements of regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the financial capacity of the nominating business to employ the nominated person full-time for at least two years. The Tribunal was also required to consider whether the applicant had provided sufficient verifiable evidence to satisfy this criterion, particularly in light of a request for further information.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had failed to provide verifiable evidence of its financial capacity to pay the nominated salary of $55,000 per annum for at least two years. While profit and loss statements for previous financial years were provided, they lacked an entry for wages or salaries, and there was no evidence these had been submitted to relevant authorities for verification. The Tribunal noted that it had written to the applicant under subsection 359(2) of the Act inviting them to provide information demonstrating compliance with regulation 5.19(3), but the applicant failed to respond within the prescribed period. Consequently, the Tribunal was not satisfied that the nominating business had demonstrated the financial capacity required by regulation 5.19(3)(d)(i), and as this criterion was not met, the nomination could not be approved.