Premier Group (AUS) Pty Ltd (Migration)

This matter concerned an application by Premier Group (AUS) Pty Ltd for approval of a nomination of a position under the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) or Regional Sponsored Migration Scheme (Subclass 187) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the general requirements for approval of a nomination under reg 5.19(4) and the specific requirements for the Direct Entry stream under reg 5.19(9) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominating business had the financial capacity to employ the nominated person for at least two years and whether the terms and conditions of employment met the regulatory requirements. Specifically, the Tribunal considered whether the nominated person would be employed full-time for at least two years, whether the employment terms allowed for extension, and whether the nominator's business had the capacity to pay the annual market salary rate for the occupation each year.

The Tribunal found that the applicant had failed to provide any contemporary financial information in response to an invitation to do so. The only information available was from the Department's original decision, which was over two years old and therefore could not be given weight. Consequently, the Tribunal was not satisfied that the nominating business had demonstrated its financial capacity to employ the nominated person for at least two years or that the terms and conditions of employment met the requirements of reg 5.19(9)(e) and (f). As these requirements were not met, the Tribunal concluded that reg 5.19(4)(f) was not satisfied.

The Tribunal affirmed the decision under review to refuse the nomination.