DDD Indian Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by DDD Indian Pty Ltd concerning the approval of a nomination for a position under the Temporary Residence Transition stream. The dispute arose from the refusal of the nomination application by the Department of Home Affairs, which the applicant sought to have reviewed by the Tribunal. The core of the matter was whether the nominee had met the requisite employment history for the nominated position.

The legal issues before the Tribunal were whether the applicant had demonstrated that the nominee had been employed full-time in Australia in the nominated position for at least two of the three years preceding the nomination application, as required by regulation 5.19(3)(c) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominee's previous employment with "The Tandoori Place on Miami Pty Ltd" could be considered as fulfilling this requirement in relation to the applicant's business.

The Tribunal found that the applicant had not satisfied the criteria under regulation 5.19(3)(c). While it was common ground that the nominee had not been employed full-time by the applicant in the nominated position, the applicant sought to rely on the nominee's prior employment with The Tandoori Place. However, the Tribunal was not satisfied that the applicant had established a sufficient connection to this previous employment, particularly given concerns about the applicant's alleged takeover of the business and its premises. Furthermore, evidence regarding the nominee's income during a specific period and the timing of the visa nomination raised further doubts.

Consequently, the Tribunal affirmed the decision under review to refuse the nomination. The Tribunal concluded that the applicant had not met the requirements of regulation 5.19(3) and, as such, the nomination could not be approved.