The Trustee for Australian Systems & Solutions Management (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered a dispute concerning the approval of a nomination for a position under the Direct Entry nomination stream. The applicant sought to have the nomination approved, but the delegate had refused it. The Tribunal was asked to review this decision.

The primary legal issue before the Tribunal was whether the nominating business had demonstrated its financial capacity to employ the nominated person, a Customer Service Manager, on a full-time basis for at least two years, as required by regulation 5.19(4)(d) of the Migration Regulations 1994. This required the Tribunal to assess the sufficiency and currency of the evidence provided by the applicant regarding the business's financial standing.

The Tribunal found that the evidence before it was over three years old and therefore could not be given any weight. Despite being invited to provide contemporary information demonstrating the nominating business's financial capacity, the applicant failed to respond. Consequently, the Tribunal concluded that there was insufficient evidence to satisfy the requirement that the nominated employee would be employed full-time for at least two years, and that the terms of employment would not expressly exclude an extension. As this criterion was not met, the Tribunal did not need to consider the remaining criteria for approval under regulation 5.19(4).

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