LTY CLEANING AND TRADESMEN SERVICES PTY LTD (Migration)

This matter concerned an appeal by LTY Cleaning and Tradesmen Services Pty Ltd against a decision to refuse its nomination for a visa. The applicant company stated it commenced operations in June 2015, specialising in construction and cleaning services, and had since grown and restructured. The nomination was for the position of Program or Project Administrator (ANZSCO 511112) for Mr Ching-Che YEN. The decision was made by the Tribunal, presided over by Member Michelle East.

The primary legal issue before the Tribunal was whether the applicant met the criteria for approval of the nomination, specifically whether the nominated position was genuine, as required by regulation 2.72(10)(f) of the Migration Regulations 1994. This required the Tribunal to assess the applicant's claims of business growth and expansion against the evidence provided, and to determine if the nominated occupation was consistent with the nature of the business. The Tribunal also considered whether the applicant had provided sufficient current and historical financial evidence to support the need for a Project Administrator.

The Tribunal reasoned that the delegate was not satisfied that the applicant's claims of business growth were supported by verifiable evidence, such as signed contracts or work orders. Consequently, the delegate could not be satisfied that there would be sufficient work for the nominee to perform the nominated occupation on a full-time basis, nor that the nominated occupation was consistent with the business's operations. Crucially, the Tribunal noted the absence of financial statements with the nomination application and no further financial evidence provided to the Tribunal. Without this financial evidence, the Tribunal was unable to determine if the nominated position was genuine, thus failing to meet the requirements of regulation 2.72(10)(f).

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not satisfied the applicable criteria for the nomination to be approved.