Zimsen Partners Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Zimsen Partners Pty Ltd for approval of a nomination under the Temporary Residence Transition stream. The dispute centred on whether the applicant met the requirements of regulation 5.19(3) of the Migration Regulations 1994, specifically concerning the nominee's future employment and the nominator's financial capacity.

The Tribunal was required to determine if the applicant had provided sufficient evidence to satisfy the Tribunal that the nominated employee would be employed on a full-time basis in the nominated position for at least two years, and that the nominator possessed the financial capacity to pay the nominated full-time salary for that period. The Tribunal had invited the applicant to provide updated information regarding its business's financial circumstances and the terms of employment for the nominated position, but no response was received.

The Tribunal reasoned that regulation 5.19(3)(d) requires the nominator to demonstrate that the nominee will be employed full-time for at least two years and that the terms of employment do not exclude the possibility of extension. Crucially, the Tribunal noted that the delegate had refused the nomination due to a lack of evidence regarding the business's financial capacity to meet these obligations. As the applicant failed to provide the requested updated information, the Tribunal could not be satisfied that the criteria were met at the time of its decision.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination, finding that the applicant had not satisfied the requirements of regulation 5.19(3) for the Temporary Residence Transition nomination stream.