SW INDUSTRIES PTY LTD (Migration)

SW Industries Pty Ltd (Migration) concerned an application for approval of a nominated position under the Temporary Residence Transition stream of the Employer Nomination scheme. The applicant, SW Industries Pty Ltd, sought to nominate a position for a Technical Sales Representative. The primary dispute revolved around whether SW Industries Pty Ltd had the financial capacity to maintain the nominated employment.

The court was required to determine whether the delegate's decision to refuse to approve the nominated position was affected by jurisdictional error. Specifically, the court had to consider whether the delegate had adequately considered the extensive evidence presented by SW Industries Pty Ltd regarding its business activities and financial status in assessing its capacity to maintain the employment of the nominated person.

In reaching its decision, the court found that the delegate had failed to properly engage with the evidence provided by SW Industries Pty Ltd. The court emphasised that a delegate must genuinely consider all relevant evidence before making a decision. The delegate's assessment of financial capacity was found to be based on an incomplete and therefore flawed understanding of the applicant's financial position. Consequently, the court concluded that the delegate's decision was affected by jurisdictional error. The decision under review was set aside.