TSY International Pty Ltd (Migration)

TSY International Pty Ltd (Migration) concerned an application for approval of a nomination of a position under the Direct Entry stream. The applicant sought to have a nominated position approved, which required the Tribunal to be satisfied that the nominee would be employed full-time for at least two years. The Tribunal had previously invited the applicant to provide updated information regarding the nomination requirements, including the business's financial capacity and the terms of employment for the nominated position.

The primary legal issue before the Tribunal was whether the applicant had met all the requirements for the approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to determine if it was satisfied that the nominee would be employed on a full-time basis in the nominated position for at least two years, and if the applicant possessed the financial capacity to meet this obligation.

The Tribunal reasoned that the applicant had failed to provide any response to its letter of 16 January 2020, which requested updated and current information. Despite acknowledging earlier submissions from 2018, the Tribunal found this information to be outdated. As no current information was provided regarding the applicant's financial circumstances or the terms of employment, the Tribunal could not be satisfied that the applicant met the requirement under regulation 5.19(4)(d)(i) that the employee would be employed full-time for at least two years. Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.