Kooralbyn Resort Pty Ltd (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Kooralbyn Resort Pty Ltd (the applicant) for approval of a nomination of a position under the Direct Entry nomination stream. The applicant sought to nominate an employee for a position, but the Department had refused the nomination application. The Tribunal was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the delegate had refused the application on the grounds that they were not satisfied that the applicant was financially viable to support the nominated person in full-time employment for at least two years, as required by regulation 5.19(4)(d)(i).

The Tribunal affirmed the decision to refuse the nomination. While acknowledging the applicant's director's history of business success and his assurances regarding future profitability, the Tribunal emphasised the need for objective criteria to be met. The Tribunal stated that it could not accept a "handshake and promise" approach and must rely on objective evidence to satisfy the regulatory requirements. The Tribunal found that the evidence before it did not objectively demonstrate the applicant's financial viability to meet the employment duration requirement, leading to the affirmation of the delegate's decision.