PLANET TEL NETWORK PTY LTD (Migration)

This matter concerned an application by Planet Tel Network Pty Ltd for approval of a nominated position for Ms Shuying Zhao as a Corporate General Manager under the Temporary Residence Transition stream. The delegate refused the nomination, and the applicant sought review by the Tribunal. The primary dispute revolved around whether the applicant had demonstrated sufficient financial capacity and provided a suitable employment contract to satisfy the requirements of Regulation 5.19(3)(d) of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant had satisfied the criteria under Regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the future employment of the nominee. This involved determining if the nominee would be employed full-time for at least two years on terms that did not expressly preclude an extension of employment, and whether the applicant had demonstrated the financial capacity to meet the proposed salary increase and sustain the employment.

The Tribunal affirmed the delegate's decision to refuse the nomination. The Tribunal noted that the applicant had provided unaudited financial statements for the 2014 financial year, which showed significant losses for both 2013 and 2014, and substantial accumulated losses. Furthermore, the applicant had failed to provide financial statements for 2015 and 2016, nor had they provided a satisfactory explanation for the proposed substantial increase in the nominee's salary from $95,000 to $185,000 per annum. Crucially, the applicant had not provided a new contract of employment that did not expressly exclude the possibility of extending the period of employment. The Tribunal also noted that the applicant had failed to provide requested documentation to demonstrate compliance with the criteria after being invited to do so by the Tribunal.

Consequently, the Tribunal was not satisfied that the applicant had demonstrated that the nominee would be employed on a full-time basis for at least two years, nor that the terms of employment would not expressly preclude an extension. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.