Delicate Roses Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Delicate Roses Pty Ltd (the applicant or nominator) concerning the approval of a nomination for the position of Retail Manager (General) under the Regional Sponsored Migration Program, Direct Entry Stream. The applicant sought to have a decision to refuse the nomination reviewed.

The primary legal issue before the Tribunal was whether the applicant met all the requirements for the approval of the nomination under regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the application was made in the approved form, accompanied by the prescribed fee, included the required certification regarding conduct contravening section 245AR(1) of the Act, and identified a need for the nominator to employ a paid employee under their direct control. The Tribunal also considered whether the applicant satisfied the criteria relating to the nominator's business operations and compliance with workplace relations laws.

The Tribunal found that the application was made in the approved form, accompanied by the prescribed fee, and included the necessary certification under section 245AR(1). It also accepted that the applicant had identified a need for a paid employee. However, the Tribunal ultimately affirmed the decision to refuse the nomination, stating it was not satisfied that the applicant met the requirements of regulation 5.19(4). The decision notes that the applicant had not sought to satisfy the criteria in the Temporary Residence Transition Nomination stream, and therefore, the nomination could not be approved.