D & J BROTHERS INVESTMENT PTY LTD (Migration)

This matter concerned an application by D & J Brothers Investment Pty Ltd for approval of a nomination for a Cook position under the Direct Entry nomination stream. The Administrative Appeals Tribunal (AAT), constituted by Member Karen McNamara, was required to determine whether the applicant met the requirements for approval of the nomination as set out in regulation 5.19(4) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had demonstrated a genuine need for the nominee to be employed as a paid employee in the nominated position under the nominator's direct control, as required by regulation 5.19(4)(h)(i)(AA). The Tribunal also considered the location of the business, noting that Cammeray, NSW, was not classified as 'regional Australia', thus necessitating satisfaction of the requirements under regulation 5.19(4)(h)(i).

The Tribunal reasoned that the applicant had failed to provide information requested by the Tribunal on 20 September 2022, which specifically sought evidence of a genuine need to employ the nominee. Given the absence of this crucial information, the Tribunal was not satisfied that the applicant met the requirements of regulation 5.19(4)(h)(i)(AA). The Tribunal affirmed the delegate's decision to refuse the nomination.