Asian Plaza Pty Ltd (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for a migration application. The applicant, Asian Plaza Pty Ltd, sought approval for a Café or Restaurant Manager position under the Temporary Residence Transition stream. The dispute centred on whether the nominator met the various legislative requirements for approval, particularly concerning future employment, financial capacity, and the full-time nature of the proposed employment for at least two years.

The Tribunal was required to determine if the nominator satisfied the general requirements for approval under regulation 5.19(4) and the specific requirements for the Temporary Residence Transition stream under regulation 5.19(5) of the Migration Regulations 1994. This involved assessing whether there was adverse information about the nominator, whether any mandatory licensing or registration requirements were met, and if the nominator had a satisfactory record of compliance with employment laws. Crucially, the Tribunal had to consider if the identified person held the correct visa at the time of application and if the nominator had the financial capacity and genuine need to employ the identified person full-time for at least two years.

The Tribunal reasoned that the nominator, operating restaurant businesses under the "Hokka Hokka" brand, had demonstrated a satisfactory compliance record with employment laws and that no mandatory licensing or registration was required for the nominated occupation in New South Wales. It was satisfied that the identified person, Ms. Lee, held a Subclass 457 visa granted on the basis of standard business sponsorship, fulfilling the visa requirement. Furthermore, the Tribunal found that the nominator had the financial capacity to employ the identified person for at least two years, considering the lease agreements and concessions, and that there was a genuine need for the position.

Consequently, the Tribunal set aside the original decision and substituted a decision approving the nomination.