DREAM HAVEN INVESTMENTS PTY LTD ATF SILBERMAN CHILDRENS TRUST (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute between Dream Haven Investments Pty Ltd ATF Silberman Childrens Trust and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a nomination refusal. The applicant sought review of the delegate's decision to refuse a Temporary Residence Transition nomination stream application for a Pastrycook.

The primary legal issue before the Tribunal was whether the applicant, as an approved standard business sponsor, had demonstrated sufficient financial capacity to employ the nominee as a Pastrycook on a full-time basis for at least two years. The Tribunal also considered whether there was any adverse information known to the Department of Immigration that would preclude approval.

The Tribunal found that the applicant had provided sufficient evidence to establish its financial capacity to employ the nominee for the required period. It noted that the delegate had not identified any adverse information concerning the applicant or the nominee. Consequently, the Tribunal set aside the delegate's decision to refuse the nomination.