Islr Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a review application by Islr Pty Ltd concerning the refusal of an employer nomination. The dispute centred on whether the applicant's nomination met the requirements for approval under the Direct Entry nomination stream as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied all the criteria stipulated in regulation 5.19(4) for the approval of the employer nomination. Specifically, the Tribunal had to assess whether the applicant had provided sufficient information and supporting documentation to demonstrate compliance with subclauses (a)(ii), (b)(i), (c), (d), and (e) of regulation 5.19(4).

The Tribunal found that the applicant had failed to provide any information or documentation to support their claims of meeting the relevant regulations, both to the Department during the initial application and to the Tribunal during the review process. Consequently, there was no evidence before the Tribunal to satisfy the requirements of regulation 5.19(4). The Tribunal also noted that the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the necessary requirements for approval.