COOLAH SUPERMARKET PTY LTD (Migration)

The Administrative Appeals Tribunal, constituted by Member Wan Shum, considered a review of a decision to refuse the approval of a nomination for a Personnel Officer position under the Direct Entry stream. The nominator, Coolah Supermarket Pty Ltd, sought to have the nomination approved, but the Tribunal was required to determine whether the nominator met the relevant legislative requirements.

The primary legal issue before the Tribunal was whether the nominator satisfied the criteria for approval of a Direct Entry nomination as set out in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess if there was a genuine need for the nominated position and if the nominator had the financial capacity to employ the nominee for at least two years full-time. The Tribunal also considered whether the nominator had met the requirements of the Temporary Residence Transition Nomination stream under regulation 5.19(3).

The Tribunal's reasoning was based on the lack of information provided by the nominator. Despite being invited to provide updated and current information pursuant to section 359(2) of the Migration Act 1958, the nominator failed to respond to the Tribunal's request. Consequently, the nominator lost their entitlement to a hearing and the Tribunal proceeded to make a decision based on the available information. The Tribunal found that there was no current information regarding the nominator's business operations or financial capacity, nor was there evidence to support a genuine need for a Personnel Officer or the intention to employ the nominee for the required period. The Tribunal also noted that the nominator had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream.

Accordingly, the Tribunal affirmed the decision under review to refuse the nomination, finding that the requirements of regulation 5.19(4)(h)(ii)(B) and 5.19(4)(d) were not met, and therefore, the nominator did not satisfy the overall requirements of regulation 5.19(4).