NEW TRAINING CHOICE PTY LTD (Migration)

This matter concerned an appeal by NEW TRAINING CHOICE PTY LTD against a decision to refuse the approval of a nomination for a position under the Direct Entry stream. The core of the dispute revolved around whether the applicant, as the nominator, had sufficiently demonstrated a genuine need for the nominated ICT Customer Support Officer position and had provided adequate evidence of its financial capacity to maintain the employment. The decision was made by R. Skaros, Senior Member, of the Tribunal.

The Tribunal was required to determine whether the applicant met all the requirements for the approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess if there was a genuine need for the nominator to employ a paid employee in the nominated position, and if the nominator had provided sufficient current and updated information to satisfy the Tribunal of its compliance with the relevant criteria, including its financial capacity and operational needs.

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to respond to an invitation to provide updated and current information regarding the nominated position and the business operations. Despite being provided with material dating from 2016 and 2017, the Tribunal requested further documentation, such as current position descriptions, organisational charts, and financial records, to substantiate the claimed need for the position. As no response was received, the Tribunal was unable to be satisfied that the applicant met the requirements of regulation 5.19(4) at the time of its decision. The delegate had initially refused the nomination due to insufficient evidence to substantiate the need for the ICT Customer Support Officer.