TGBS - THE GLOBAL BUSINESS SOLUTION PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application by TGBS - The Global Business Solution Pty Ltd concerning the approval of a nominated position under the Temporary Residence Transition stream of the Employer Nomination Scheme. The applicant sought approval for a Customer Service Manager position.

The Tribunal was required to determine whether the nominated position met the relevant legislative requirements, specifically concerning the applicant's training commitments and obligations, and the terms and conditions of employment offered. The Tribunal also considered the applicant's failure to respond to an invitation issued under s 359(2) of the Migration Act 1958 (Cth) to provide current information.

The Tribunal found that the applicant had not provided sufficient information to satisfy the delegate that the nominated position met the requirements of the relevant regulations. In particular, the Tribunal noted the lack of clarity regarding training commitments and obligations, and the terms and conditions of employment. The failure to respond to the s 359(2) invitation meant that the delegate and the Tribunal were unable to consider updated or further information that might have addressed these deficiencies. Consequently, the Tribunal affirmed the delegate's decision to refuse approval of the nominated position.