1514718 (Migration)

This matter concerned an application for approval of an employer nomination for a Group Restaurant Manager position. The delegate had refused the nomination under regulation 5.19(3)(d) of the Migration Regulations 1994, being unsatisfied that the business had the financial capacity to sustain the nominated salary of $180,001 for at least two years. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine whether the applicant met the requirements for approval of the nomination under the Temporary Residence Transition stream, specifically focusing on regulation 5.19(3)(d) concerning the financial capacity of the business to sustain the nominated salary. The Tribunal also considered whether the application met the preliminary requirements of regulation 5.19(3)(a) regarding the form, fee, and identification of the nominee and occupation, and regulation 5.19(3)(b) concerning the status of the nominator as a standard business sponsor actively and lawfully operating a business in Australia.

The Tribunal found that the application was made in the approved form with the prescribed fee, and that the nominee and occupation identified met the requirements of regulation 5.19(3)(a). It was also satisfied that the nominator was a standard business sponsor who was actively and lawfully operating a business in Australia and had not met certain exclusionary criteria in their most recent sponsorship approval, thus meeting regulation 5.19(3)(b). Crucially, the Tribunal determined that the financial information provided, including recent financial statements and evidence of the applicant's responsibility for business growth, demonstrated that the business had the financial capacity to sustain the nominated salary for the required period, thereby satisfying regulation 5.19(3)(d).

Consequently, the Tribunal set aside the delegate's decision and substituted a decision approving the nomination.