Aayushman Pty Ltd (Migration)

This matter concerned an application by Aayushman Pty Ltd for approval of a nomination for a position under the Direct Entry stream. The applicant sought to nominate Ms Jasbir Kaur for the position of Chef. The core of the dispute revolved around whether the applicant had provided sufficient evidence to satisfy the requirements of Regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the genuine need for the nominated employee and the active operation of the business.

The Tribunal was required to determine if the applicant met the criteria for approval of the nomination under Regulation 5.19(4). This involved assessing whether the application identified a need for the nominator to employ a paid employee to work in the nominated position under their direct control, and whether the nominator was actively and lawfully operating a business in Australia. The Tribunal had requested updated evidence, including financial information and details of business operations, to substantiate these claims.

The Tribunal's reasoning focused on the applicant's failure to provide the requested updated information in response to its invitation. The Tribunal noted that the evidence on hand was scant and dated, failing to demonstrate a current need for a Chef or that the business was actively and lawfully operating. The Tribunal concluded that it could not be satisfied that the requirements of Regulation 5.19(4)(a)(ii) and 5.19(4)(b)(i) were met.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal determined that it was not required to delay its decision indefinitely and proceeded to make its determination based on the available evidence.