ITS IT AUSTRALIA PTY LTD (Migration)

This matter concerned an application by ITS IT AUSTRALIA PTY LTD for approval of a nominated position under the Employer Nomination Scheme, specifically the Direct Entry nomination stream. The Administrative Appeals Tribunal was required to review the delegate's decision to refuse the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. This involved determining if the nominator had provided sufficient financial evidence to demonstrate compliance with the requirement that the nominated employee would be employed on a full-time basis for at least two years, as stipulated by regulation 5.19(4)(d)(i).

The Tribunal affirmed the delegate's decision to refuse the nomination. The Tribunal found that the finance documents provided by the nominator were internally generated and could not be verified by external sources such as ATO BAS statements or tax returns, nor were Profit and Loss Statements supplied. Despite a request for updated financial documentation, none was provided. Consequently, the Tribunal was not satisfied that the nominator had demonstrated the capacity to comply with the requirement of providing two years of full-time employment for the nominee. As the nominator had not met this essential criterion under regulation 5.19(4)(d)(i), the nomination could not be approved.