Emmy Jo Edis (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Emmy Jo Edis (Migration) concerning the approval of a nomination for a position under the Direct Entry Nomination stream. The core of the dispute revolved around whether the nominating business met the regulatory requirements for employing a nominee as a Café or Restaurant Manager.

The Tribunal was required to determine if the applicant had satisfied the criteria outlined in regulation 5.19(4) of the Migration Regulations 1994. Specifically, the Tribunal needed to assess whether the nominating business had demonstrated sufficient financial capacity to employ the nominee full-time for at least two years, as stipulated by regulation 5.19(4)(d).

In its reasoning, the Tribunal noted that the applicant had failed to provide any updated financial information to support the nomination. The only available information was at least two years old and therefore could not be given weight. Despite being invited to provide further evidence under subsection 359(2) of the Act, the applicant did not respond. Consequently, the Tribunal was not satisfied that the nominating business possessed the financial capacity to employ the nominated person for the required period. As regulation 5.19(4)(d) was not met, the Tribunal did not need to consider the remaining criteria.

The Tribunal affirmed the decision under review to refuse the nomination.