The Trustee for Alan Homes Family Trust (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of a nomination for a position under the Temporary Residence Transition stream. The applicant, The Trustee for Alan Homes Family Trust, sought approval of a nominated position for a visa holder. The core of the dispute revolved around the applicant's alleged failure to demonstrate the financial capacity to employ the nominee for the required period and the lack of substantive documentation to support the nomination.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant had provided sufficient evidence of its financial capacity to employ the nominee full-time for at least two years, as required by regulation 5.19(3)(d)(i). The Tribunal also considered whether the applicant had provided any new information at the review stage to support a positive finding on this issue, and whether the provided documentation was sufficient to establish a genuine need for the nominated position.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had failed to provide auditable financial documentation, such as balance sheets, profit and loss statements, or business tax returns, to demonstrate its financial capacity. The documentation provided, including unverified payroll summaries and PAYG summaries for the nominee, was deemed insufficient to satisfy the requirements of regulation 5.19(3)(d)(i). The Tribunal noted that no submissions or substantive documentation had been provided to support the claim of financial capacity or a genuine need for the position. Consequently, the Tribunal concluded that the applicant had not met the necessary criteria for the nomination to be approved.