The Trustee for Goldmine Enterprise Unit Trust (Migration)

This matter concerned an application by The Trustee for Goldmine Enterprise Unit Trust for approval of a nomination of a position under the Direct Entry stream. The applicant sought to nominate a Motor Mechanic (General) position for a specific individual. The core of the dispute revolved around whether the applicant had demonstrated a genuine need for the nominated position and whether the applicant possessed the financial capacity to employ the nominee for the required period.

The Tribunal was required to determine if the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant had identified a genuine need for a paid employee to work in the nominated position under their direct control, and whether the nominator was actively and lawfully operating a business in Australia, providing sufficient current financial evidence to support their claims. The Tribunal also considered the lack of response to its invitation to provide current information regarding the business operations and financial status.

The Tribunal reasoned that while the application form was compliant and a need for a paid employee was identified, the applicant failed to provide sufficient evidence to substantiate this need or demonstrate their financial capacity. The Tribunal noted that the application was lodged over five years prior to the decision, and the most recent financial information provided was nearly four years old. Crucially, the applicant did not respond to the Tribunal's request for current information, leading to a lack of evidence regarding the ongoing operation of the business, the specific need for the nominated position, and the tasks involved.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(4).