TCT RAJ & SONS PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by TCT RAJ & SONS PTY LTD concerning the approval of a nomination for a position under the Direct Entry stream. The dispute centred on whether the nominator met the financial capacity requirements to employ the nominee full-time for at least two years.

The primary legal issue before the Tribunal was to determine if the applicant satisfied all the criteria stipulated in subregulation 5.19(4) of the Migration Regulations 1994 for the approval of a nomination under the Direct Entry stream. This involved assessing compliance with requirements relating to the application form, fees, certification of conduct, identification of a genuine need for an employee, the nominator's business operations, the nature of the position, the terms of employment, and the nominator's compliance record.

The Tribunal's reasoning focused on each subregulation of 5.19(4). It found that the application was compliant in form and fee, and that the nominator was actively and lawfully operating a business in Australia, with the nominated position not being a labour-hire arrangement. Crucially, the Tribunal considered additional information provided post-hearing, which demonstrated the nominator's financial capacity to employ the nominee full-time for at least two years. Furthermore, the Tribunal found that the nominee had already been employed in the position full-time for more than two years, and the terms of employment did not preclude an extension.

Consequently, the Tribunal set aside the original decision and substituted a new decision approving the nomination.