Mannu Total Skills Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Mannu Total Skills Pty Ltd concerning the refusal of a Temporary Residence Transition nomination. The core dispute revolved around whether the applicant had provided sufficient evidence to satisfy the requirements for this nomination stream.

The Tribunal was required to determine if Mannu Total Skills Pty Ltd had met all the criteria stipulated in regulation 5.19(3) of the Migration Regulations 1994 for the Temporary Residence Transition nomination. Specifically, the Tribunal needed to be satisfied that the nominee would be employed on a full-time basis in the nominated position for at least two years and that the applicant possessed the financial capacity to pay the nominated full-time salary for that duration.

The Tribunal affirmed the delegate's decision to refuse the nomination. It reasoned that the applicant had failed to provide updated and current information regarding its business's financial circumstances and the terms of employment for the nominated position, despite being invited to do so. As a result, the Tribunal could not be satisfied that the applicant had the financial capacity to employ the nominee full-time for at least two years, a key requirement under regulation 5.19(3)(d). Consequently, the Tribunal concluded that the applicant had not met the necessary criteria for the nomination to be approved.