ANNILAX ENTERPRISES PTY LTD (Migration)

This matter concerned an application by Annilax Enterprises Pty Ltd, trading as Namaste Indian Cuisine, for approval of a nomination for a Cook position under the Direct Entry Stream. The visa applicant was Mr Iqbal Singh, and the nominated position was based in Goulburn with a base rate of pay of $54,500. The decision reviewed by the Tribunal was an earlier refusal to approve the nomination.

The primary legal issue before the Tribunal was whether Annilax Enterprises Pty Ltd met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing compliance with various sub-regulations concerning the application form, the nominator's business operations, the nature of the employment, terms and conditions, adverse information, workplace relations compliance, and the genuine need for the position, particularly in a regional context.

The Tribunal found that the applicant had satisfied all the relevant requirements of regulation 5.19(4). It accepted that the nomination application was in the approved form, accompanied by the prescribed fee, and identified a genuine need for the nominated employee. The Tribunal was satisfied that Annilax Enterprises Pty Ltd was actively and lawfully operating a business in Australia, that the position was not labour-hire, and that there was no adverse information known to Immigration. Crucially, regarding the regional aspect of the nomination, the Tribunal accepted evidence that the Goulburn restaurant had recommenced trading, that there was a genuine need for the cook, and that the position could not be filled by a local Australian resident, supported by evidence of advertising and information indicating a scarcity of cooks in rural New South Wales.

Consequently, the Tribunal set aside the previous decision to refuse the nomination and substituted a decision approving the nomination.