Alphazeta Cafe Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a review of a decision to refuse a nomination application made by Alphazeta Cafe Pty Ltd (the applicant) for the position of Cook under the Direct Entry stream of the Regional Sponsored Migration Scheme. The nomination was lodged in favour of Rupendra Bogati.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the proposed employment of the nominee. The applicant needed to demonstrate that the nominee would be employed on a full-time basis for at least two years, with terms and conditions that did not expressly exclude the possibility of an extension.

The Tribunal affirmed the delegate's decision to refuse the nomination. The delegate had noted inconsistencies between the applicant's business plan and its Business Activity Statements, raising concerns about the reliability of the financial information provided. The Tribunal found that the applicant had not provided substantiated evidence of its financial capacity to employ the nominee for the required period. Furthermore, the applicant had not provided further information to satisfy the criteria upon seeking review by the Tribunal. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4) and therefore affirmed the decision under review to refuse the nomination.