Narwee Media & Promotions Pty Ltd (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Department of Immigration to refuse a nomination application made by Narwee Media & Promotions Pty Ltd. The nomination was made under the Temporary Residence Transition stream of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Narwee Media & Promotions Pty Ltd met the requirements of regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the provision of evidence demonstrating the financial capacity to provide permanent, full-time employment for the nominee for at least two years. The Tribunal was required to determine if it had sufficient evidence to approve the nomination, given that the applicant had not provided requested information.

The Tribunal reasoned that for a nomination to be approved under regulation 5.19(3)(d), the nominee must be employed full-time for at least two years on terms that do not expressly preclude an extension. The Tribunal had invited the applicant to provide information demonstrating compliance with the criteria, but no such information was received by the due date. The Tribunal considered whether to adjourn the proceedings to allow further time for the applicant to provide evidence, but concluded, in light of relevant case law, that it was not required to indefinitely defer its decision-making process.

Ultimately, the Tribunal affirmed the Department's decision to refuse the nomination. The Tribunal was not satisfied that the applicant had met the requirements of regulation 5.19(3) and therefore could not approve the nomination.