VISA POINT PTY LTD (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the refusal of a nomination under the Temporary Residence Transition (TRT) stream. The applicant, VISA POINT PTY LTD, sought to have a nomination approved, but this decision was under review. The Tribunal was presided over by Member Angela Julian-Armitage.

The central legal issue before the Tribunal was whether the applicant met the requirements for approval of the nomination under regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the future employment of the visa holder as stipulated in regulation 5.19(3)(d). This regulation requires that the nominee will be employed full-time for at least two years on terms that do not expressly preclude an extension.

The Tribunal's reasoning focused on the applicant's financial capacity to meet the obligations under regulation 5.19(3)(d). Despite considering the provided employment contract, business size, staff numbers, financial records, and submissions from the applicant's legal representative, the Tribunal was not satisfied. This lack of satisfaction was influenced by the fact that the applicant's principal migration agent had his registration cancelled due to facilitating permanent residency through bogus employment. The Tribunal found it difficult to be persuaded that the applicant could generate sufficient income without its principal migration agent's ability to work in the business, thus failing to meet the financial capacity requirement. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.