JD0786 Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by JD0786 Pty Ltd concerning a dispute over the approval of a nomination for a position under the Direct Entry nomination stream. The core of the dispute was whether the applicant, JD0786 Pty Ltd, had demonstrated it possessed the financial capacity to employ the nominated individual, a Cook (ANZSCO 351411), on a full-time basis for at least two years.

The legal issue before the Tribunal was whether JD0786 Pty Ltd had satisfied all the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically subregulation (4)(d)(i), which mandates that the employee will be employed full-time for at least two years. The Tribunal was required to determine if the applicant had provided sufficient evidence of its financial capacity to meet this obligation.

The Tribunal reasoned that the applicant had failed to provide any contemporary financial information to support its nomination. While the Department's decision under review was based on information approximately three years old, the Tribunal gave this no weight. Despite being invited by the Tribunal to provide further information under subsection 359(2) of the Act, the applicant did not respond. Consequently, the Tribunal lacked current evidence to be satisfied of the applicant's financial capacity to pay the nominated salary for the required two-year period. As this requirement of regulation 5.19(4)(d) was not met, the Tribunal was not required to consider the remaining criteria.

The Tribunal affirmed the decision under review to refuse the nomination.