The Trustee for S P B F Solutions Trust & The Trustee for SP Team Trust (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by The Trustee for S P B F Solutions Trust and The Trustee for SP Team Trust for approval of a nomination of a position under the Direct Entry stream. The dispute arose from the delegate's refusal to approve the nomination, which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to determine if it was satisfied that the nominee would be employed full-time in the nominated position for at least two years, and if the applicant had provided sufficient information regarding its financial capacity to meet this obligation.

The Tribunal reasoned that it had invited the applicant to provide updated and current information concerning all relevant criteria, including the business's financial circumstances and the terms of employment for the nominated position. Despite this invitation, no response or further information was provided by the applicant. Consequently, the Tribunal was unable to be satisfied that the applicant met the requirement under regulation 5.19(4)(d)(i) that the employee would be employed on a full-time basis for at least two years. As this criterion was not met, and the applicant had not sought to satisfy the Temporary Residence Transition Nomination stream criteria, the nomination could not be approved.

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