Lone Picket PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by Lone Picket PTY LTD for approval of a nomination for a position under the direct entry stream of a skilled migration visa. The dispute centred on whether the applicant met the various requirements for such a nomination, particularly concerning the financial capacity of the business to employ the nominee for a minimum of two years and whether the business was actively and lawfully operating.

The Tribunal was required to determine if the applicant satisfied the general requirements for nomination approval under regulation 5.19(4) and the specific requirements for the direct entry stream under regulation 5.19(9) of the Migration Regulations 1994. Key issues included whether the nominator had a satisfactory record of compliance with employment laws, whether any training contribution debts had been paid, and crucially, whether the business was actively and lawfully operating and had the financial capacity to employ the nominee for the requisite period.

The Tribunal found that while some requirements were met, such as the business trading under an assigned ABN and the provision of a contract of employment for the nominee, several critical criteria were not satisfied. Specifically, the applicant failed to provide evidence of compliance with employment laws, such as issuing a Fair Work Information Statement, and did not provide sufficient information to demonstrate the business was actively and lawfully operating, particularly in response to requests for current financial and operational details. The Tribunal also noted a lack of information regarding training contribution debts.

Consequently, the Tribunal was not satisfied that the applicant met all the requirements of regulation 5.19. Therefore, pursuant to regulation 5.19(3)(b), the nomination had to be refused, and the decision under review to refuse the nomination was affirmed.