VFG Victorian Finance Group Pty Ltd (Migration)

This matter concerned an appeal by VFG Victorian Finance Group Pty Ltd (the applicant) against a decision to refuse its nomination under the Direct Entry nomination stream. The dispute arose because the applicant failed to provide requested information to substantiate its claims regarding the nominated position and its financial capacity to employ the nominee.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of a nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had provided sufficient evidence to satisfy the criteria that the nominator had a need to employ a paid employee in the nominated position and possessed the financial capacity to do so for at least two years.

The Tribunal affirmed the decision to refuse the nomination because the applicant failed to respond to the Tribunal's invitation to provide updated and current information. In the absence of this information, the Tribunal could not be satisfied that the nominator had a genuine need to employ a paid employee or had the financial capacity to pay the nominated full-time salary for the required period, as stipulated by regulations 5.19(4)(a)(ii) and 5.19(4)(d). The Tribunal applied the principle that all relevant criteria must be met at the time of the decision, and the onus was on the applicant to provide the necessary evidence.