Varana Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Varana Pty Ltd for approval of a nomination for a position under the Direct Entry nomination stream. The dispute concerned whether Varana Pty Ltd, the nominator, met the requirements for approving the nomination, specifically regarding its financial capacity to employ the nominee.

The Tribunal was required to determine if Varana Pty Ltd had demonstrated sufficient financial capacity to employ the nominated person, a Cook (ANZSCO 351411), on a full-time basis for at least two years, as stipulated by regulation 5.19(4)(d) of the Migration Regulations 1994. This regulation requires that the terms and conditions of employment do not expressly exclude the possibility of an extension of the employment period.

The Tribunal found that Varana Pty Ltd had failed to provide any contemporary financial information to support its nomination. The information available to the Department and the Tribunal was approximately three years old and therefore could not be given weight. Despite being invited to provide further information under subsection 359(2) of the Act, Varana Pty Ltd did not respond. Consequently, the Tribunal was not satisfied that the nominating business had demonstrated the financial capacity to pay the nominated salary for the required period, meaning regulation 5.19(4)(d) was not met.

The Tribunal affirmed the decision under review to refuse the nomination.