Sim,Bobae (Migration)

The Administrative Appeals Tribunal (Cth) considered a dispute concerning the approval of a nomination for a visa under the Direct Entry stream. The applicant, Sim, Bobae, sought approval of a nominated position, but the Department of Home Affairs refused this nomination. The Tribunal was tasked with reviewing this refusal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994, specifically in relation to the term of employment of the nominated visa holder. Regulation 5.19(4)(d) requires that the nominated employee be employed in the nominated position on a full-time basis for at least two years, with terms and conditions that do not expressly exclude the possibility of an extension.

The Tribunal found that no response was received from the applicant to a request for information regarding the length and nature of the proposed employment. Consequently, there was no evidence before the Tribunal to satisfy the requirement that the nominated employee would be employed full-time for at least two years. As this essential criterion under regulation 5.19(4)(d) was not met, and the applicant had not sought to satisfy the criteria for the Temporary Residence Transition stream, the Tribunal concluded that the nomination could not be approved. The Tribunal affirmed the decision under review to refuse the nomination.