KINGSTONE BUILDING MATERIAL SUPPLIES PTY LTD (Migration)

This matter concerned an application by Kingstone Building Material Supplies Pty Ltd (the nominator) for approval of a nomination under the Direct Entry stream. The nominator proposed to employ a General Manager at a salary of $185,000 per annum. The Tribunal was required to determine whether the nominator met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominator had sufficiently identified a genuine need for a full-time General Manager to work under their direct control, as required by regulation 5.19(4)(a)(ii). The Tribunal also considered the nominator's financial capacity and the overall circumstances of the business, particularly in light of a downturn in the construction industry.

The Tribunal affirmed the decision to refuse the nomination. While acknowledging the nominator's submission regarding business expansion and the need for skilled management, the Tribunal was not satisfied that the applicant had met all the requirements of regulation 5.19(4). The decision notes that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, and therefore had not met the requirements of regulation 5.19(3). Consequently, the nomination could not be approved.