SAINI PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by SAINI PTY LTD for approval of a nomination of a position under the Direct Entry stream. The core dispute revolved around whether the applicant had provided sufficient current information to satisfy the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically focusing on regulation 5.19(4)(d), which mandates that the nominee be employed full-time in the nominated position for at least two years with no express exclusion of an extension, and regulation 5.19(4)(h), which concerns the genuine need for the position and associated training requirements. The Tribunal had previously invited the applicant to provide updated information regarding the company's business, including financial capacity and operational details, such as tax returns, business activity statements, financial statements, and current employment contracts.

The Tribunal's reasoning was that the applicant had failed to provide the requested current and up-to-date information about the business. In the absence of this crucial information, the Tribunal could not be satisfied that the business was operating, possessed the necessary financial capacity, or would employ the nominee full-time in the nominated position for the required two-year period. Consequently, the requirement under regulation 5.19(4)(d) was not met. Furthermore, the Tribunal noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, as referenced in r.5.19(3).

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