Aksharkrupa Pty Ltd (Migration)

This matter concerned an application by Aksharkrupa Pty Ltd for approval of a nomination of a post office manager position under the Direct Entry nomination stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of regulation 5.19(4)(d), which pertains to the term of employment of the visa holder, and regulation 5.19(4)(e), concerning the terms and conditions of employment being no less favourable than those offered to Australian citizens or permanent residents. Additionally, the Tribunal considered regulation 5.19(4)(h), which outlines alternative requirements relating to the tasks of the position, a genuine need for the position, and training obligations, specifically in the context of regional Australia.

The Tribunal found that the applicant failed to provide current information regarding the nominee's employment for at least two years and the possibility of an extension, as required by reg 5.19(4)(d). Furthermore, the applicant did not provide contemporary information on the terms and conditions of employment, failing to satisfy reg 5.19(4)(e). The Tribunal noted that the applicant did not respond to invitations to provide current information, which was crucial for assessing these criteria. Consequently, the Tribunal was not satisfied that the applicant met the requirements of reg 5.19(4).

The Tribunal affirmed the decision under review to refuse the nomination.