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 under the Direct Entry Stream for a Cook. The nominated occupation was for Mr Manpreet Singh, to be employed in Young, New South Wales, for a term of at least two years with a specified salary. The Tribunal was required to determine whether the applicant met all the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The Tribunal considered various regulatory requirements, including that the application be in the approved form, accompanied by the prescribed fee, and identify a genuine need for a paid employee under the nominator's direct control. It was also necessary for the nominator to be actively and lawfully operating a business in Australia, and for the position not to be a labour-hire arrangement. The Tribunal examined evidence regarding the nominator's business operations, including its restaurant chain, employee numbers, and financial statements, as well as the absence of adverse information known to Immigration and a satisfactory record of compliance with workplace relations laws.

Crucially, the Tribunal assessed whether there was a genuine need for the position in regional Australia that could not be filled by a local resident. Evidence was presented detailing recruitment efforts, including advertisements on Seek.com.au and Jobsearch.com.au, and engagement with MBC Employment Services. While several responses were received, the Tribunal found that the nominated applicant possessed the necessary professional qualifications and commercial cooking experience. Furthermore, a Regional Certifying Body had advised that the nomination satisfied the relevant requirements.

Based on its findings, the Tribunal was satisfied that Annilax Enterprises Pty Ltd met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the original decision under review and substituted a decision approving the nomination.