Profit Palace Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Profit Palace Pty Ltd concerning the refusal of a Temporary Residence Transition Nomination. The core of the dispute revolved around whether the applicant met the requirements for this nomination stream, specifically concerning the nominee's future employment and the nominator's financial capacity.

The Tribunal was required to determine if the applicant had provided sufficient evidence to satisfy the requirements of 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 nominator possessed the financial capacity to pay the nominated full-time salary for that duration.

The Tribunal affirmed the delegate's decision to refuse the nomination, finding that the applicant had failed to provide updated and current information requested by the Tribunal regarding its financial circumstances and the terms of employment for the nominated position. Without this information, the Tribunal could not be satisfied that the applicant met the criteria, particularly the requirement under r.5.19(3)(d)(i) that the nominee would be employed full-time for at least two years and that the business had the financial capacity to support this. Consequently, the nomination could not be approved.