JSD VICTORIA PTY LTD (Migration)

This matter concerned an application by JSD Victoria Pty Ltd for approval of a nomination under the Temporary Residence Transition stream of the Migration Regulations 1994. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of regulation 5.19(3) for the nomination to be approved.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to satisfy the requirements of regulation 5.19(3), specifically concerning the nominator's financial capacity to employ the nominee on a full-time basis for at least two years. The Tribunal had invited the applicant to provide updated information regarding its business's financial circumstances and the nominated position's terms and conditions, but no response was received.

The Tribunal reasoned that for a nomination to be approved, all relevant criteria must be met at the time of the decision. As the applicant failed to provide the requested information, the Tribunal could not be satisfied that the business had the financial capacity to pay the nominated full-time salary for the required period. Consequently, the Tribunal found that the requirement under regulation 5.19(3)(d) was not met.

The Tribunal affirmed the decision under review to refuse the nomination, concluding that the applicant had not satisfied the criteria for the Temporary Residence Transition nomination stream.