The Trustee for the T and E Wang Family Trust (Migration)

The Administrative Appeals Tribunal, with Member Karen McNamara presiding, considered a review of a decision to refuse a nomination under the Temporary Residence Transition stream. The applicant, The Trustee for the T and E Wang Family Trust, sought approval of a nomination, but the delegate had refused it, and the Tribunal was tasked with determining whether this refusal was correct.

The primary legal issues before the Tribunal were whether the applicant met the requirements of regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had provided sufficient evidence of their financial capacity to employ the nominee full-time for at least two years, as required by regulation 5.19(3)(d)(i), and whether the applicant had fulfilled their training commitments and complied with applicable training obligations during their most recent sponsorship approval period, as stipulated by regulation 5.19(3)(f)(i).

The Tribunal found that the applicant had failed to provide evidence demonstrating their financial capacity to employ the nominee full-time for the required two-year period. Furthermore, the applicant had not presented any evidence to support their compliance with training benchmark 'B' during their sponsorship period, despite indicating a commitment to it. The Tribunal noted that it had attempted to contact the applicant for further information but received no response, thus affording the applicant a fair opportunity to respond.

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination. The applicant did not meet the requirements of regulation 5.19(3)(d)(i) or 5.19(3)(f)(i), and therefore, the nomination could not be approved.