Meekak Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse the approval of a Direct Entry nomination made by Meekak Pty Ltd. The dispute centred on whether Meekak Pty Ltd, the nominator, had demonstrated sufficient financial capacity to employ the nominee for at least two years, as required by migration regulations.

The primary legal issue before the Tribunal was whether Meekak Pty Ltd met the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the financial capacity to employ the nominee for a minimum of two years. This involved assessing the financial information provided by the applicant, including evidence of recent financial losses and discrepancies in financial records.

The Tribunal considered the evidence presented, noting that the original decision to refuse the nomination was based on substantial unexplained financial losses and discrepancies in the applicant's financial records for 2018. Despite an invitation from the Tribunal to provide further evidence or submissions pursuant to section 359(2) of the Migration Act 1958, Meekak Pty Ltd failed to submit any additional information. Consequently, the Tribunal was not satisfied that the applicant had the financial capacity to employ the nominee for the required period, and therefore, the nomination could not be approved. The Tribunal affirmed the decision under review to refuse the nomination.