Ke Wang Pty Ltd Atf Ke Wang Unit Trust (Migration)

This matter concerned an appeal by Ke Wang Pty Ltd Atf Ke Wang Unit Trust (the applicant) against a decision to refuse the approval of a nominated position under the Temporary Residence Transition stream. The applicant sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had demonstrated, at the time of the Tribunal's decision, that it had the financial capacity to maintain the nominee's employment in the nominated position for at least two years on a full-time basis.

The Tribunal reasoned that it was required to be satisfied that all relevant criteria were met at the time of its decision. The applicant had been invited by the Tribunal to provide updated and current information regarding its business's financial circumstances and the terms of employment for the nominated position, including examples such as recent tax returns, financial statements, a job description, and an employment contract. However, the applicant failed to respond to this invitation and provide the requested information. Consequently, the Tribunal was unable to be satisfied that the applicant met the requirement under regulation 5.19(3)(d) that the nominee would be employed on a full-time basis for at least two years.

Accordingly, the Tribunal affirmed the delegate's decision to refuse the nomination.