TMA Solutions Australia Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse a nomination under the Temporary Residence Transition stream. The applicant, TMA Solutions Australia Pty Ltd, sought to have its nomination for a Café or Restaurant Manager approved. The core dispute concerned whether the applicant had demonstrated sufficient financial capacity to employ the nominee on a full-time basis for at least two years, as required by the Migration Regulations 1994.

The Tribunal was required to determine if TMA Solutions Australia Pty Ltd met the requirements of regulation 5.19(3) of the Migration Regulations 1994, specifically focusing on regulation 5.19(3)(d), which mandates that the nominee will be employed full-time for at least two years on terms that do not preclude an extension. The applicant had failed to provide sufficient evidence of its financial capacity to meet this requirement.

The Tribunal found that the applicant's submission of Vietnamese company tax returns for previous years lacked a demonstrable ownership link to the Australian entity and was not verifiable. Furthermore, there was no evidence of a formal support arrangement with a purported parent company, and the provided financial statements for the Australian entity showed losses without satisfactory explanation. Crucially, the applicant failed to respond to a request from the Tribunal for further information demonstrating compliance with the financial capacity requirements.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, as the applicant had not provided sufficient contemporary information to satisfy the Tribunal of its financial capacity to employ the nominated person as required by the regulations.