TRIANGLE AUSTRALIA PTY LTD (Migration)

This matter concerned an application by Triangle Australia Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of regulation 5.19(3) of the Migration Regulations 1994 for the nomination to be approved.

The primary legal issue before the Tribunal was whether the nominating business, Triangle Australia Pty Ltd, had demonstrated sufficient financial capacity to employ the nominated individual on a full-time basis for at least two years, as required by regulation 5.19(3)(d). The Tribunal also considered whether the applicant had provided all necessary information within the prescribed period to satisfy the criteria for the nomination.

The Tribunal affirmed the decision to refuse the nomination. It found that the applicant had failed to provide sufficient evidence to demonstrate the financial capacity of the business to meet the nominated salary of $54,000 per annum, plus superannuation contributions, for the required two-year period. While some financial statements and employment contracts were provided, they were not considered adequate to establish the business's capacity to sustain the employment for the stipulated duration. The Tribunal noted that the applicant had not sought to satisfy the criteria for the Direct Entry nomination stream, and therefore, had not met the requirements of regulation 5.19(4).