Chandan International Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Chandan International Pty Ltd for approval of a nominated position under the Direct Entry stream. The dispute concerned whether the applicant met the requirements for approval of the nomination, specifically regarding the active and lawful operation of the business, a genuine need for the nominated position, and the terms of employment.

The Tribunal was required to determine if the applicant satisfied the criteria set out in regulation 5.19(4) of the Migration Regulations 1994. This involved assessing whether the nominator was actively and lawfully operating a business in Australia, whether there was a genuine need for a hairdresser, and whether the proposed employment would be full-time for at least two years on terms that did not preclude extension.

The Tribunal noted that it had invited the nominating business to provide updated information addressing these requirements under section 359(2) of the Act. As no response was received by the due date, the Tribunal proceeded to make a decision based on the information available. The Tribunal found that without a response from the nominator, it lacked sufficient information to be satisfied that the business was actively and lawfully operating, that there was a genuine need for the position, or that the nominee would be employed full-time for at least two years. Consequently, the Tribunal affirmed the decision under review to refuse the nomination.