Vision Property Investment Group Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a decision to refuse a nomination under the Temporary Residence Transition stream. The applicant sought to have the nomination approved, but the delegate had refused it on the basis that the nominee would not be employed full-time in the nominated position for at least two years. The Tribunal was invited to provide updated and current information regarding the applicant's business and the nominee's employment.

The primary legal issue before the Tribunal was whether the applicant met the requirements for approval of a nomination under regulation 5.19(3) of the Migration Regulations 1994. Specifically, the Tribunal had 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 that the terms and conditions of employment were no less favourable than those provided to an Australian citizen or permanent resident performing equivalent work.

The Tribunal reasoned that it could not be satisfied that the applicant met the requirements of regulation 5.19(3) because no updated or current information had been provided in response to its invitation. The applicant failed to supply details about the business's financial circumstances, the nominee's roles and duties, or the terms and conditions of employment. Without this information, the Tribunal was unable to conclude that the nominee would be employed full-time for at least two years, nor could it assess the favourability of the employment terms compared to those for local workers.

Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.