SP OVERSEAS EDUCATION PTY. LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by SP Overseas Education Pty. Ltd. concerning the approval of a nominated position under the Temporary Residence Transition nomination stream. The core dispute revolved around whether the applicant, as the nominator, met the financial capacity requirements to maintain the visa holder's employment for at least two years.

The legal issue before the Tribunal was whether the applicant had satisfied all the requirements for the approval of the nominated position under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if it could be satisfied that the applicant had the financial capacity to employ the nominee on a full-time basis in the nominated position for at least two years, as required by regulation 5.19(3)(d)(i).

The Tribunal's reasoning focused on the applicant's failure to respond to a request for updated and current information regarding its financial circumstances and the terms of employment for the nominated position. The Tribunal had invited the applicant to provide documents such as tax returns, financial statements, a job description, and an employment contract. As no response was received, the Tribunal was unable to be satisfied that the applicant met the financial capacity requirement. Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.