RMYS Enterprises Pty Ltd (Migration)

This matter concerned an application for review of a decision to refuse a nomination under the Temporary Residence Transition stream. The applicant, RMYS Enterprises Pty Ltd, sought to have a nominated position approved. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for approval of the nomination as set out in regulation 5.19(3) of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the nominated employee would be employed on a full-time basis for at least two years, and whether the terms and conditions of employment were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work. The Tribunal had invited the applicant to provide updated and current information regarding these and other requirements of regulation 5.19, including financial circumstances, employment contracts, and evidence of full-time employment for the nominee.

The Tribunal noted that the applicant failed to provide any of the requested updated information or respond to the invitation to do so. Consequently, the Tribunal was unable to be satisfied that the applicant met the requirements for approval of the nomination, particularly concerning the nominee's intended full-time employment for at least two years and the terms and conditions of that employment. The Tribunal applied the principle that all relevant criteria must be met at the time of the decision, and that the onus was on the applicant to provide the necessary evidence to satisfy the Tribunal.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.