KINYUN AUSTRALIA PTY LTD (Migration)

This matter concerned an application by Kinyun Australia Pty Ltd for approval of a nominated position under the Temporary Residence Transition nomination stream. The Administrative Appeals Tribunal was required to review the delegate's decision to refuse the nomination, which was based on a lack of satisfaction regarding the applicant's financial capacity to maintain the visa holder's employment for at least two years.

The primary legal issue before the Tribunal was whether Kinyun Australia Pty Ltd met all the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994, specifically concerning its financial capacity and the intended employment of the nominee. The Tribunal also had to consider whether the applicant had provided sufficient and current information to satisfy these requirements.

The Tribunal affirmed the delegate's decision to refuse the nomination. It reasoned that while the applicant had initially provided some information, this was outdated. The Tribunal issued an invitation under s 359(2) of the Migration Act 1958 for the applicant to provide updated and current information regarding its financial circumstances and the nominated position. As the applicant failed to respond to this invitation and provide the requested information, the Tribunal was unable to be satisfied that the applicant met the criteria, particularly the requirement under r.5.19(3)(d) that the nominee would be employed on a full-time basis in the position for at least two years.

Consequently, the Tribunal concluded that the applicant had not satisfied the requirements of regulation 5.19(3) for the Temporary Residence Transition nomination stream and therefore affirmed the decision under review to refuse the nomination.