M.J MCCRUDDEN & K THOW (Migration)

The Administrative Appeals Tribunal considered the financial capacity of M.J. McCrudden and K. Thow to employ a nominee as a motor mechanic on a full-time basis for two years, as required for a Temporary Residence Transition visa nomination. The applicant sought review of a decision that had refused to approve the nomination.

The Tribunal was required to determine whether the nominator had demonstrated sufficient financial capacity to meet the employment obligations for the nominee for the requisite period. Specifically, the Tribunal considered whether the evidence provided, including proof of Training Benchmark A payments and the nominee's prior full-time employment in the nominated position, satisfied the legislative requirements.

The Tribunal found that the nominator had provided sufficient evidence of its financial capacity. The payments made under Training Benchmark A were accepted as demonstrating the nominator's ability to meet its financial obligations. Furthermore, the fact that the nominee had already been employed full-time in the position for two years, and that there was no indication that this employment could not be extended, supported the conclusion that the nominator could meet the requirement of employing the nominee full-time for a further two years. Consequently, the Tribunal set aside the original decision.