ZG & FW Group Pty Ltd (Migration)

The case involved ZG & FW Group Pty Ltd, the applicant, seeking review of a decision to refuse its nomination for a visa under the Temporary Residence Transition stream. The dispute centred on whether the applicant met the requirements for approving the nomination as set out in regulations 5.19(4) and 5.19(5) of the Migration Regulations 1994. The matter was heard by C. Packer of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had demonstrated a genuine need for the identified person to be employed in the nominated position, and whether there was a genuine need for the identified person to be employed under the direct control of the nominator, as required by regulations 5.19(5)(j) and (k). Additionally, the Tribunal considered the requirements relating to the future employment of the identified person, specifically whether they would be employed full-time for at least two years, whether their terms of employment would allow for extension, and whether the nominator's business had the capacity to employ them for at least two years at the market salary rate, as stipulated in regulations 5.19(5)(l), (m), and (n).

The Tribunal's reasoning focused on the applicant's failure to provide updated and current information to address the nomination requirements. Despite being invited to do so by the Tribunal on 26 May 2023, the applicant had not submitted any information since October 2020, a period exceeding two years and eight months. In the absence of current information regarding the nominee and the applicant's need for their services, the Tribunal was not satisfied that a genuine need for employment existed, nor that the future employment requirements could be met. Consequently, the Tribunal found that regulations 5.19(5)(j), (k), (l), (m), and (n) were not satisfied, which in turn meant that regulation 5.19(4)(e) was also not met.

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