T2 GLOBAL PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision by the Department of Home Affairs to refuse a Direct Entry nomination by T2 GLOBAL PTY LTD. The applicant sought approval for a nominated position, but the Department had refused this nomination.

The primary legal issue before the Tribunal was whether T2 GLOBAL PTY LTD met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had satisfied the criteria relating to training obligations for Australian citizens and permanent residents, as well as the location of the nominated position.

The Tribunal affirmed the Department's decision to refuse the nomination. The Tribunal noted that the applicant had failed to respond to an invitation to provide updated and current information regarding the nomination requirements, including details about recent or proposed training expenditure. Without this information, the Tribunal was unable to be satisfied that the specified training requirements under regulation 5.19(4)(h)(i)(B) were met. Furthermore, as the nominated position was not located in regional Australia, the alternative criteria under regulation 5.19(4)(h)(ii) were also not satisfied. Consequently, the Tribunal concluded that the applicant did not meet the requirements of regulation 5.19(4).

The Tribunal affirmed the decision under review to refuse the nomination.