LANNA THAI & SHIATSU MASSAGE PTY LTD (Migration)

This matter concerned an application by LANNA THAI & SHIATSU MASSAGE PTY LTD for approval of a nominated position under the Temporary Residence Transition nomination stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for approval of the nomination, specifically concerning its financial capacity to maintain the visa holder's employment. The applicant had not responded to a request from the Tribunal for updated and current information regarding its business and financial circumstances.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria set out in regulation 5.19(3) of the Migration Regulations 1994, particularly the requirement that the nominator must have the financial capacity to employ the nominee on a full-time basis for at least two years. The Tribunal also considered whether the applicant was entitled to appear before it, given its failure to provide requested information.

The Tribunal reasoned that for a nomination to be approved, all relevant criteria must be met at the time of the Tribunal's decision. As the applicant failed to provide the requested information, including details about its financial capacity and the terms of employment for the nominated position, the Tribunal was unable to be satisfied that the applicant met the requirements of regulation 5.19(3)(d). The Tribunal noted that the delegate had initially refused the nomination due to concerns about the business's financial capacity to pay the nominated salary for two years. Without any updated information from the applicant, this deficiency remained.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The applicant had not provided the necessary information to satisfy the criteria for the Temporary Residence Transition nomination stream, and therefore, the nomination could not be approved.