Jacmah Enterprises Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Jacmah Enterprises Pty Ltd for approval of a nominated position under the Direct Entry nomination stream. The dispute concerned whether the company met the requirements for this nomination, which had been refused by the delegate.

The Tribunal was required to determine if the nominated position's tasks corresponded to an occupation specified by the Minister, if the nominator had the capacity to pay the full-time salary for at least two years, and if the company was lawfully and directly operating a business in Australia. The Tribunal also considered whether the applicant had met the criteria for the Temporary Residence Transition Nomination stream.

The Tribunal affirmed the delegate's decision to refuse the nomination. It found no evidence that the tasks of the nominated position corresponded to an occupation specified by the Minister, nor that the nominator had demonstrated the capacity to pay the required salary for two years. Furthermore, the Tribunal was not satisfied that the nominator was lawfully and directly operating a business in Australia, as no current evidence of the business's structure or financial operations was provided. The applicant had also not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.