The Trustee For Gurdeep Singh Tiwana Family Trust (Migration)

The Administrative Appeals Tribunal, constituted by Penelope Hunter, considered a decision to refuse a nomination for a position under the Direct Entry stream of the Employer Nomination scheme. The applicant, The Trustee For Gurdeep Singh Tiwana Family Trust, sought approval for a nominated position of Office Manager. The core of the dispute revolved around whether the applicant had provided sufficient updated information to satisfy the requirements of regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination, specifically focusing on whether the nominated employee would be employed full-time for at least two years with no express exclusion of an extension, and whether there was a genuine need for the position. The Tribunal also considered the applicant's financial capacity and ongoing trading operations, as well as the tasks of the position and training requirements.

The Tribunal's reasoning was that the applicant failed to provide the requested updated information regarding the business's financial capacity and ongoing operations, despite being invited to do so. In the absence of this crucial information, the Tribunal could not be satisfied that the business was continuing to operate, had the financial capacity, or would employ the nominee as an Office Manager on a full-time basis for at least two years, thereby failing to meet the requirements of regulation 5.19(4)(d). Furthermore, the Tribunal noted that the applicant had not sought to satisfy the criteria under the Temporary Residence Transition Nomination stream, as required by regulation 5.19(3).

Consequently, the Tribunal affirmed the decision under review to refuse the nomination.