1506826 (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse the approval of an employer nomination under the Direct Entry stream. The applicant sought to nominate an employee for the position of Café or Restaurant Manager. The Tribunal was required to determine whether the applicant met all the requirements of regulation 5.19(4) of the Migration Regulations 1994 for the approval of the nomination.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 5.19(4)(d), which mandates that the nominated employee will be employed full-time for at least two years, and that the terms and conditions of employment do not expressly exclude the possibility of an extension. The Tribunal also considered the applicant's obligation to provide updated information and evidence to demonstrate compliance with the regulations, particularly in response to requests from the Tribunal.

The Tribunal reasoned that the applicant had failed to provide sufficient evidence to satisfy the requirements of regulation 5.19(4). Specifically, the applicant did not respond to the Tribunal's request for updated information regarding the proposed employment duration and salary, nor did it provide current financial statements or bank account statements for the business. As no current evidence was presented to support the application during the review, the Tribunal concluded that the applicant had not demonstrated that the nominated position met the criteria, particularly the two-year employment term without an express exclusion of extension. Consequently, the Tribunal affirmed the delegate's decision to refuse the nomination.