BC & WL Murley (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the approval of a nominated position for a Cook under the Direct Entry stream of the Employer Nomination Scheme (Subclass 186) or Regional Sponsored Migration Scheme (Subclass 187) visa. The applicant, BC & WL Murley, sought approval of a nomination for a Cook position.

The Tribunal was required to determine whether the applicant met the general requirements for approval of a nomination under regulation 5.19(4) and the specific requirements for the Direct Entry stream under regulation 5.19(9) of the Migration Regulations 1994. This involved assessing whether the application was made in the correct form, accompanied by the required fees and charges, and whether the nominator had a satisfactory compliance record and was actively and lawfully operating a business. Crucially, the Tribunal also had to consider if there was a genuine need for the nominated position.

The Tribunal found that the application met the formal requirements, including the provision of the correct form, fee, and training contribution charge. It was satisfied that there were no mandatory licensing or registration requirements for a Cook in Victoria at the time of application, and no adverse information was known about the nominator. Furthermore, the Tribunal accepted evidence that the nominator, operating the Mickey Bourke’s Koroit Hotel, was actively and lawfully conducting a business that included a full-service restaurant. Based on this, the Tribunal concluded that the requirements of regulation 5.19 were met.

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