LMV (Australia) Pty Ltd (Migration)

This matter concerned an appeal by LMV (Australia) Pty Ltd against a decision to refuse the approval of a nomination for a visa under the Direct Entry stream. The core of the dispute revolved around whether the applicant, LMV (Australia) Pty Ltd, had provided sufficient information to satisfy the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the nominated employee's terms of employment. The decision was made by Stephen Witts, a Member of the Tribunal.

The legal issues before the Tribunal were whether the nominated employee would be employed on a full-time basis in the nominated position for at least two years, and whether the terms and conditions of that employment expressly excluded the possibility of an extension. These requirements are stipulated in regulation 5.19(4)(d) and further elaborated in the additional requirements for the Direct Entry stream under regulation 5.19(9)(e) and (f). The Tribunal was also required to determine if the applicant had met the general requirements for nomination approval under regulation 5.19(4).

The Tribunal found that no response was received to a communication requesting further information regarding the nominated employee's employment. Consequently, there was no evidence before the Tribunal to establish the length and nature of the employment or whether it could be offered for at least two years. As a result, the Tribunal was not satisfied that the requirement in regulation 5.19(4)(d) had been met. The Tribunal also noted that the applicant had not sought to satisfy the criteria for the Temporary Residence Transition stream, thus failing to meet the requirements of regulation 5.19(3).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.