Nardi Panels Pty Ltd (Migration)

This matter concerned an application by Nardi Panels Pty Ltd for approval of a nomination under the Direct Entry nomination stream. The applicant sought to nominate a position, but the Tribunal found that it had not provided updated or current information regarding its business or the nominated position, despite the delegate's decision being made approximately 36 months prior. The Tribunal was therefore not satisfied that the applicant had identified a genuine need to employ a person in the nominated position under its direct control.

The legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had satisfied the criteria, including the requirement to identify a need for the nominator to employ an identified person as a paid employee to work in the position under their direct control, as stipulated in regulation 5.19(4)(a)(ii).

The Tribunal reasoned that for a nomination to be approved, all prescribed requirements must be met. In this instance, the applicant had failed to provide current information about its business and the nominated position. Consequently, the Tribunal was not satisfied that the applicant had demonstrated a genuine need for the employment, a key criterion under regulation 5.19(4)(h)(i)(AA) and (ii)(B). As the applicant had not met this requirement, the Tribunal concluded that it did not need to consider the remaining criteria.

The Tribunal affirmed the decision under review to refuse the nomination. It also noted that the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3), further reinforcing the conclusion that the nomination could not be approved.