M G Creative Enterprise Pty Ltd (Migration)

This matter concerned an appeal by M G Creative Enterprise Pty Ltd against a decision to refuse the approval of a nomination under the Direct Entry nomination stream. The core of the dispute revolved around whether the applicant met the requirements stipulated in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the nominee would be employed in the nominated position for at least two years on a full-time basis, and crucially, whether the terms and conditions of that employment expressly excluded the possibility of an extension. The Tribunal also considered whether the applicant had met the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3), which they had not pursued.

The Tribunal's reasoning focused on regulation 5.19(4)(d), which mandates that the nominee be employed for at least two years full-time and that the employment terms do not exclude the possibility of an extension. Evidence presented indicated that the nominee had resigned from the position. In the absence of documentary evidence from the applicant detailing the employment period or its terms and conditions, the Tribunal was not satisfied that the two-year full-time employment requirement would be met, nor that the terms did not exclude an extension.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had failed to satisfy the requirements of regulation 5.19(4) and had not met the criteria for the alternative nomination stream.