J.JAROCKI & S.K.JAROCKI (Migration)

This matter concerned an application for approval of a nomination of a position under the Temporary Residence Transition stream, brought before the Tribunal by J. Jarocki and S.K. Jarocki. The core dispute revolved around whether the applicant met the requirements stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the nomination to be approved.

The Tribunal was required to determine if the applicant had satisfied all the necessary criteria under regulation 5.19(3), particularly focusing on the nominator's compliance with training commitments and sponsorship obligations. The Tribunal had invited the applicant to provide updated and current information regarding these requirements, including evidence of payments to training funds, receipts for training, and details of employees who received training.

The Tribunal's reasoning was that the applicant failed to respond to its invitation to provide updated information. Consequently, the Tribunal was unable to be satisfied that the applicant had fulfilled their training commitments or complied with applicable obligations under Division 2.19 of the Regulations during their most recent approval as a standard business sponsor, as required by regulation 5.19(3)(f)(i). As no information was provided to demonstrate compliance, and it was not reasonable to disregard these requirements, the Tribunal concluded that regulation 5.19(3)(f) was not met. The Tribunal also noted the lack of response regarding the terms and conditions of employment for the nominated position.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not met the requirements of regulation 5.19(3).