R BHATTARAI PTY LTD (Migration)

This matter concerned an appeal by R BHATTARAI PTY LTD against a decision to refuse its nomination for a position under the Direct Entry nomination stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement under regulation 5.19(4)(d)(i) that the nominated employee would be employed on a full-time basis for at least two years. The Tribunal had invited the applicant to provide updated information regarding its business's financial circumstances and the terms of employment for the nominated position, including examples such as tax returns, financial statements, job descriptions, and employment contracts.

The Tribunal found that the applicant failed to respond to its invitation to provide the requested information. Consequently, the Tribunal was unable to be satisfied that the applicant met the criteria for the nomination, specifically the financial capacity to employ the nominee full-time for at least two years. As no information was provided to demonstrate compliance with this requirement, the Tribunal affirmed the delegate's decision to refuse the nomination.