Joyi South Pacific Holding Pty Ltd (Migration)

This matter concerned an appeal by Joyi South Pacific Holding Pty Ltd against a decision to refuse the approval of a nominated position under the Temporary Residence Transition nomination stream. The dispute centred on whether the applicant, as the nominator, met the financial capacity requirements to maintain the visa holder's employment for at least two years. The decision was made by a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied all the requirements for the approval of a nomination under regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the nominator's financial capacity to employ the nominee full-time for at least two years. This required the Tribunal to be satisfied that the applicant met the criteria at the time of its decision, particularly in light of the applicant's failure to provide requested information.

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to respond to an invitation to provide updated and current information regarding its financial circumstances and the terms of employment for the nominated position. The delegate had initially refused the nomination due to concerns about the business's financial capacity to pay the nominated salary for two years. Despite being invited to provide evidence such as financial statements and employment contracts, the applicant provided no response. Consequently, the Tribunal was unable to be satisfied that the applicant met the requirements of regulation 5.19(3)(d), which mandates that the nominee will be employed full-time for at least two years. The Tribunal concluded that the applicant had not sought to satisfy the necessary criteria, leading to the affirmation of the delegate's decision.