Titanium Health Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Titanium Health Pty Ltd for approval of a nomination for a Subclass 186 visa under the Direct Entry stream. The dispute concerned whether the applicant met the requirements for the nomination, specifically regarding the financial capacity of the nominator to employ the nominee. The application was for the position of Accountant, with a proposed annual salary of $60,000.

The Tribunal was required to determine if the applicant satisfied the general requirements for nomination approval under reg 5.19(4) and the stream-specific requirements under reg 5.19(9) of the Migration Regulations 1994. Central to the determination was whether the nominator's business had the financial capacity to employ the identified person on a full-time basis for at least two years and to pay them at least the annual market salary rate for the occupation each year, as stipulated by reg 5.19(9)(g).

The Tribunal found that the applicant had not provided sufficient contemporary evidence, such as recent tax returns and BAS statements, to demonstrate the business's financial viability. The evidence presented was several years out of date. Consequently, the Tribunal could not be satisfied that the nominator met the financial capacity requirements of reg 5.19(9)(g). As this requirement was not met, the Tribunal concluded that the nomination did not satisfy the overall requirements of reg 5.19.

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