Conviviality Pty Ltd (Migration)

This matter concerned an appeal by Conviviality Pty Ltd against a decision to refuse its employer nomination for the occupation of Cook under the Direct Entry stream. The core of the dispute revolved around whether the nominator genuinely needed to employ a paid employee for the nominated position and whether the evidence provided sufficiently demonstrated this need.

The Tribunal was required to determine if Conviviality Pty Ltd met the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically whether the nomination application identified a genuine need for the nominator to employ a paid employee to work in the nominated position under their direct control. This involved assessing the evidence presented regarding the nominator's existing workforce, the claimed hours of work for various employees, and the financial statements provided.

The Tribunal affirmed the decision to refuse the nomination, finding that the evidence did not sufficiently demonstrate a genuine need for the nominated position. While the nominator provided an organisational chart and PAYG summaries, these did not conclusively establish the need for an additional cook, particularly in light of the conflicting information regarding the working hours of existing staff and the lack of supporting documentation for claims of increased hours. The Tribunal noted discrepancies in the reported working status of other cooks and found that the provided financial statements did not show a material increase in wages to support the claimed need for a new employee. Consequently, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4).