SILVERTAIL ENTERPRISES PTY LTD (Migration)

This matter concerned an appeal by SilverTail Enterprises Pty Ltd against a decision to refuse the 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 case was heard by Jade Murphy, Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994, and specifically the stream-specific requirements for the Direct Entry stream under regulation 5.19(9). These requirements included demonstrating that the nominated person would be employed full-time for at least two years, that the terms of employment would not exclude an extension, and crucially, that the nominator's business had the financial capacity to employ the identified person for at least two years and pay them at least the annual market salary rate.

The Tribunal found that the applicant had failed to provide sufficient or current information to demonstrate compliance with these requirements. Despite being invited to provide information under subsection 359(2) of the Act, the applicant did not respond. The only information available to the Tribunal was approximately three years old and was not given weight. Consequently, the Tribunal was not satisfied that the nominator's business had the financial capacity to employ the nominated person for the required period or that the terms and conditions of employment met the regulatory criteria.

As the Tribunal was not satisfied that regulations 5.19(9)(e), (f), and (g) were met, it concluded that regulation 5.19(4)(f) was also not met. Accordingly, the Tribunal affirmed the decision under review to refuse the nomination.