Cityforce Pty Ltd ATF The Trustee for the Bhudia Family Trust (Migration)

The Administrative Appeals Tribunal considered an appeal by Cityforce Pty Ltd ATF The Trustee for the Bhudia Family Trust concerning the refusal of a nomination for a position under the Direct Entry nomination stream. The core dispute revolved around whether the nominator had demonstrated a genuine need for a paid employee to fill the position of Retail Buyer, ANZSCO 639211, under their direct control, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the requirements for approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the nominator had satisfied the criterion in regulation 5.19(4)(a)(ii), which mandates the identification of a genuine need for a paid employee to work in the nominated position under the nominator’s direct control.

The Tribunal affirmed the decision to refuse the nomination because the nominator failed to provide updated financial documentation, such as ATO tax returns and profit and loss statements for FY 2017 and FY 2018, a detailed recruitment analysis, payslips, an explanation of the need for the role, or an organisation chart, despite being requested to do so. In the absence of this evidence, the Tribunal was not satisfied that regulation 5.19(4)(a)(ii) had been met, as the nominator had not demonstrated a genuine need for the position. Furthermore, the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream under regulation 5.19(3). Consequently, the Tribunal affirmed the decision under review to refuse the nomination.