PETER HART STOCKTAKERS PTY LTD (Migration)

This matter concerned an application by Peter Hart Stocktakers Pty Ltd for approval of a nomination under the Temporary Residence Transition stream, which was reviewed by the Administrative Appeals Tribunal. The core dispute revolved around whether the applicant had provided sufficient evidence to satisfy the requirements for the nomination, specifically concerning the nominee's future employment and the business's financial capacity.

The Tribunal was required to determine if the applicant met all the criteria for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. This included assessing whether the nominee would be employed on a full-time basis in the nominated position for at least two years and whether the applicant business possessed the financial capacity to meet this commitment. The Tribunal also had to consider whether the applicant had provided updated and current information as requested, particularly regarding the business's financial circumstances and the terms of employment for the nominated position.

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to provide requested updated information, including details about the business's financial capacity and the employment terms for the nominee. The Tribunal noted that it must be satisfied that all relevant criteria are met at the time of its decision. As no response was received to the invitation to provide information, the Tribunal could not be satisfied that the applicant would employ the nominee full-time for at least two years, thus failing to meet the requirement under regulation 5.19(3)(d). Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.