Ankit Goyal (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse an employer nomination for the position of Cook under the Regional Sponsored Migration Direct Entry stream. The applicant, Mr. Ankit Goyal, sought approval for a nomination for his restaurant, Pinch of Spice, located in Albury, NSW. The original delegate refused the application, finding that Mr. Goyal had not demonstrated a genuine need to employ a paid Cook under his direct control, as required by regulation 5.19(4)(a)(ii) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had satisfied the criteria for approval of the nomination, specifically whether a genuine need for a paid employee in the nominated position had been established. This involved assessing the evidence provided regarding the business's operations, financial performance, and the challenges in attracting and retaining suitably qualified staff in the Albury region. The Tribunal also considered whether the nominee had any adverse information known to the Department and whether the nominator had a satisfactory record of compliance with workplace relations laws.

The Tribunal found that Mr. Goyal operated multiple food establishments in Albury with a significant annual turnover and employed a substantial number of staff. Despite previous approvals for Cooks, the Tribunal accepted Mr. Goyal's evidence that he faced difficulties in attracting and retaining qualified Cooks due to local competition. The Tribunal was satisfied that the business had a genuine need for a fifth Cook to manage rotational rosters and meet demand, particularly during busy periods. Furthermore, the Tribunal was satisfied that Mr. Goyal had no knowledge of the nominee's past visa issues, that the nominee had left Australia to resolve these issues, and that it was reasonable to disregard this information. The Tribunal also found no evidence of non-compliance with workplace relations laws.

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