Nirmal Nominees Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a sponsorship nomination dispute between Nirmal Nominees Pty Ltd and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The core of the dispute concerned whether the nominating business, Nirmal Nominees Pty Ltd, met the requirements for approving a nomination under the Direct Entry stream of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nominating business demonstrated sufficient financial capacity to pay the nominated salary for at least two years, and whether the terms and conditions of employment for the nominee would be no less favourable than those offered to an Australian citizen or permanent resident in an equivalent position.

The Tribunal found that there was no contemporary information before it to satisfy it of the nominating business's financial capacity to pay the nominated salary of $54,000 for the full two-year period. Furthermore, the Tribunal was not satisfied that the terms and conditions of employment for the nominee would be no less favourable than those provided to an Australian worker in an equivalent role. Consequently, the Tribunal concluded that the requirements of regulation 5.19(4)(d)(i) and 5.19(4)(e) were not met.

As the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream, and had failed to meet the requirements of the Direct Entry nomination stream, the Tribunal affirmed the decision under review to refuse the nomination.