Toscana (WA) PTY LTD (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application by Toscana (WA) PTY LTD concerning the approval of a nomination for a position under the Temporary Residence Transition stream. The original delegate had refused to approve the nomination, finding that the applicant had not demonstrated sufficient financial capacity to meet the proposed employment terms and had not provided evidence of fulfilling its training obligations during its most recent approval as a standard business sponsor.

The primary legal issues before the Tribunal were whether Toscana (WA) PTY LTD had met the requirements of regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the financial capacity to employ the nominated individual and the fulfilment of past training commitments. The delegate had found that the applicant failed to satisfy regulation 5.19(3)(d)(i) regarding financial capacity and regulation 5.19(3)(f)(i)(A) concerning training requirements.

The Tribunal, after considering further evidence provided by the applicant, including a letter from an accountant, business activity statements, and details of payroll expenditure, was satisfied that the applicant had demonstrated sufficient financial capacity. The Tribunal also found that the applicant had provided evidence regarding its training expenditure and had fulfilled its training commitments during its most recent approval as a standard business sponsor. Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.