The Trsutee For Kleena Blinds And Urtains Unit Trust (Migration)

The Administrative Appeals Tribunal considered an application by The Trustee for Kleena Blinds and Curtains Unit Trust for review of a decision to refuse a nomination under the Temporary Residence Transition stream. The original decision by the Department was based on the delegate's dissatisfaction that the applicant had not demonstrated sufficient financial capacity to employ the nominated individual full-time for at least two years, failing to meet the requirements of regulation 5.19(3)(d)(i) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied all the criteria for approval of the nomination under regulation 5.19(3), specifically concerning the future employment of the nominee. The Tribunal was required to determine if the applicant had provided sufficient evidence to demonstrate that the nominee would be employed full-time in the nominated position for at least two years, and that the terms and conditions of employment would not expressly preclude the possibility of an extension.

The Tribunal noted that it had invited the applicant to provide updated and current information regarding all relevant criteria, including financial capacity and employment terms. However, the applicant failed to respond to this invitation and provided no new information to the Tribunal. Consequently, the Tribunal was unable to be satisfied that the applicant met the requirement under regulation 5.19(3)(d) that the nominee would be employed full-time for at least two years on terms that did not expressly exclude an extension. The Tribunal affirmed the delegate's decision to refuse the nomination.