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Tribunal: Member Nicola Findson

The Department of Immigration and Border Protection (the Department) refused to approve the applicant’s Employer Nomination application. The applicant applied to the Administrative Appeals Tribunal (AAT) for a review of the decision.

The applicant, a domestic and international student education provider, employed a marketing specialist (the employee) to recruit students from south Asia. They applied to the Department for approval of an Employer Nomination Position.[1]

The Department was not satisfied the applicant was capable of employing the employee full-time for at least two years because they had not provided any financial evidence.[2]

The applicant told the AAT that no financial evidence was provided in the initial application because of an administrative error. Prior to the hearing, the applicant provided the AAT with financial and BAS statements, payment summaries and other updated evidence in support of the application.

The AAT found the applicant met the other requirements for approval of the nomination, including offering fair terms and conditions of employment,[3] compliance with workplace relations laws[4] and that there was a genuine need for the position.[5]

As the applicant met all the nomination requirements, including financial capacity, the AAT set aside the Department’s decision and approved the nomination.

Read the full decision on AustLII.

 

[1] Under r.5.19 of the Migration Regulations 1994 (the Regulations)

[2] r.5.19(4)(d)(i)

[3] r.5.19(4)(e)

[4] r.5.19(4)(g)

[5] r.5.19(4)(h)(ii)(B)